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        VAT and Sales Tax

        2021 (10) TMI 1167 - HC - VAT and Sales Tax

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        Court directs reassessment for specified years, summons petitioner, no costs awarded The court directed the second respondent to ensure the third respondent revisits the assessment for the specified years, procures any required inputs from ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Court directs reassessment for specified years, summons petitioner, no costs awarded

                                The court directed the second respondent to ensure the third respondent revisits the assessment for the specified years, procures any required inputs from the petitioner through summons, and completes the reassessment promptly. The writ petition was disposed of with the mentioned directions, and no costs were awarded.




                                Issues:
                                Prayer for a Writ of Mandamus for a Revised Assessment Order based on a directive issued by the first respondent.

                                Analysis:
                                The petitioner, a dealer under the TNVAT Act, filed returns for 2013-14 and 2014-15, facing proceedings due to sales bill mismatch. The petitioner represented the issue to the first respondent, who directed the second respondent to revisit the assessment for natural justice adherence. The second respondent was supposed to instruct the Assessing Officer (third respondent) accordingly. However, the petitioner claims no further communication was received from the third respondent post the directive, leaving the matter pending.

                                The petitioner seeks a court direction for the third respondent to act upon the first respondent's directive and finalize the assessment for the mentioned years. The Government Advocate states that the petitioner did not provide bills for verification despite earlier summons, leading to a halt in the assessment process.

                                The court considered the submissions and materials before it. The main issue is whether the second respondent instructed the third respondent as directed by the first respondent in the letter dated 12.04.2017. The court emphasizes that if the directive was not acted upon, the third respondent should revisit the assessment and issue summons to the petitioner for any necessary documents to complete the reassessment process.

                                The court directs the second respondent to ensure the third respondent revisits the assessment for the specified years, procures any required inputs from the petitioner through summons, and completes the reassessment promptly. The writ petition is disposed of with the mentioned directions, and no costs are awarded.
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                                ActsIncome Tax
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