TaxTMI 
TaxTMI 
2013 (5) TMI 481
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....Tax Act, 1959 (TNGST Act (hereinafter referred to as "the Act"). 2. According to the appellant, the assessment order for the assessment year 2001-2002 was passed in respect of the appellant by the respondent on 30.04.2004. Subsequently, there was an inspection by the officials of the Central Excise Department and a show cause notice was issued. Based on the show cause notice dated 17.01.2005 issued by the Central Excise Authorities, the respondent herein issued a pre-revision notice dated 30.05.2007 under the Act. As far as the notice regarding the excise department, the petitioner approached the Central Excise Settlement Commission and as per Section 32 F(7) of the Central Excise Act, 1944 the interest and penalty was substantially reduc....
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....sed by another assessee viz., M/s.Universal Abrasives, rep. by its proprietor in W.P.No.1600 of 2005, this Court has already held that the amendment Act having come into force as on 01.07.2002 the writ petition is not maintainable. In this case, they would contend that the assessment is for the years 2001-2002 and the order was passed on 30.04.2004 and amendment Act came into force on 01.07.2002 and the pre- revision notice has been given even on 30.05.2007 and the revised assessment order itself has been passed on 21.08.2007. Therefore, as the original assessment order itself was passed only on 30.04.2004 after the date of amendment the impugned order is valid as it is passed within five years from the date of order. 5. Heard both sides. ....
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....sess the tax payable on such turnover after making such enquiry as it may consider necessary and after giving the dealer a reasonable opportunity to show case against such assessment. *In sub-Clause (a) and (b) of Sub-Section (1) of Section 16, the expression "date of order of the final assessment by the assessing authority" was substituted for the expression "expiry of the year to which the tax relates" by Act 22/2002-Gazette dated 3.6.2002-Effective from 01.07.2002.(Date of effect was notified by G.O.Ms.No.71 CT(B1) dated 27.6.2002 - Notn. No.II(2)/CT/568(d- 1)/2002-Gazette dated 27.6.2002). 8. Now when we see Section 16(1)(a) of the Act, it clearly says the revision of the assessment under Section 16 is permitted within five yea....