TaxTMI Login
AI Drafter - (New and Powerful) ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Just a moment...
AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the amount deducted from the assessee's bills towards provisional tax could be retained by the revenue after the assessment for the relevant period became time barred and no assessment order was passed.
Analysis: The dispute was raised by the assessee from the outset on the footing that the transaction was not exigible to value added tax and that the amount deducted from the running bills was only provisional. The statutory scheme under Sections 31, 32, 33 and 34 of the Tripura Value Added Tax Act contemplates assessment within the limitation period, including cases of audit assessment, non-registration and escaped turnover. The Superintendent was required to consider the objection to taxability and decide it through a formal assessment order, which would then be open to appeal. Allowing the assessment to lapse by limitation could not justify retaining money whose levy had been disputed throughout. Even if the assessee had not appeared for hearing, the authority could have proceeded on the material available and made a best judgment assessment. In the absence of any assessment order, the revenue had no authority to withhold the amount collected from the assessee.
Conclusion: The withheld amount was refundable to the assessee with statutory interest, and the objection to retention of the provisional tax after expiry of limitation was answered in favour of the assessee.
TaxTMI 
