https://www.taxtmi.com/caselaws?id=435346 Reassessment under the Tamil Nadu VAT Act could not be sustained where the turnover dispute required consideration of the assessee's explanation on gross profit but no effective opportunity to explain was given. The Court held that, even without an express statutory hearing requirement, an evaluative dispute calling for rival submissions must be preceded by a fair opportunity, and the reassessment became unsustainable. The assessments were also vitiated because the assessing authority mechanically adopted the Enforcement Wing's proposal without independent application of mind or fresh reasoning. On that basis, the assessment orders were quashed and the assessee succeeded. en-us Tue, 07 Mar 2023 00:00:00 +0530 Sat, 18 Mar 2023 08:27:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=435346 Reassessment under the Tamil Nadu VAT Act could not be sustained where the turnover dispute required consideration of the assessee's explanation on gross profit but no effective opportunity to explain was given. The Court held that, even without an express statutory hearing requirement, an evaluative dispute calling for rival submissions must be preceded by a fair opportunity, and the reassessment became unsustainable. The assessments were also vitiated because the assessing authority mechanically adopted the Enforcement Wing's proposal without independent application of mind or fresh reasoning. On that basis, the assessment orders were quashed and the assessee succeeded. Case-Laws VAT and Sales Tax Tue, 07 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=435346