2019 (7) TMI 1239 - HC - VAT and Sales Tax

Court sets aside orders for TNVAT Act assessments, directs new methodology within 3 months for fair review.

The court set aside the impugned orders for the assessment years 2014-15 and 2015-16 under the TNVAT Act, directing the respondent to propose a new ... Revision of assessment order - TNVAT Act - HELD THAT:- This Court is informed is in the anvil, respondent shall make assessments afresh. Assessments made afresh in aforesaid manner shall be communicated to the writ petitioner under due acknowledgement in a manner known to law more particularly in accordance with applicable Rules in this regard under Rules under TNVAT Act. Issues:1. Assessment of dealer under Tamil Nadu Value Added Tax Act, 2006 (TNVAT Act) for two Assessment Years (2014-15 and 2015-16).2. Inspection of business premises by Enforcement Wing officials leading to revised Assessment Orders.3. Application of JKM Graphics principle in assessment.4. Comparison of procedures under Maharastra VAT Act and TNVAT Act.5. Setting aside of impugned orders and directions for fresh assessments.Analysis:1. The judgment concerns the assessment of a dealer under the TNVAT Act for the years 2014-15 and 2015-16. The dealer, a trader in automobile spares, was inspected by Enforcement Wing officials, leading to the issuance of revisional notices and subsequent revised Assessment Orders for the mentioned assessment years.2. The primary issue addressed in the judgment is the application of the JKM Graphics principle in the assessment process. The court highlighted discrepancies in the assessment where the dealer's purchases were not accurately reported, leading to the impugned orders being challenged. The court emphasized the importance of adhering to requisite norms and set aside the impugned orders based on non-conformity with the JKM principle.3. The judgment also delves into a comparison between the procedures under the Maharastra VAT Act and the TNVAT Act. It references Paragraph 56 of the JKM principle, emphasizing the need for a centralized mechanism to handle discrepancies in assessments effectively. The court urged the authorities to establish a detailed procedure to address mismatches and avoid multiple proceedings that could jeopardize revenue interests.4. In light of the above issues, the court set aside the impugned orders dated 31.12.2018 for the assessment years 2014-15 and 2015-16. It directed the respondent to submit a new methodology/module for assessment, which would be reviewed by the Hon'ble single Judge. The fresh assessments were to be completed within three months of the new module becoming operational, with communication to the dealer in accordance with applicable rules under the TNVAT Act.5. The judgment concludes by disposing of the writ petitions with the aforementioned directions, emphasizing the need for adherence to legal procedures and the importance of a centralized mechanism for efficient assessment processes. No costs were awarded, and connected miscellaneous petitions were closed as a result of the judgment.