2013 (6) TMI 669

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....for short)? 2. The petitioner filed return for the year 2003-04 under the CST Act conceding a total inter-State sales turnover of Rs. 77,77,79,446 and claimed exemption for the turnover of Rs. 77,08,88,957 being consignment sales. The second respondent did issue exhibit P1 notice dated May 30, 2009 under rule 6(5) of the Central Sales Tax (Kerala) Rules, 1957 ("the Rules", for short) in order to complete the assessment. The assessment could not however be completed since there was a change in the fast track team constituted under section 17D of the KGST Act in the meanwhile. P3 notice dated February 21, 2009 was thereafter issued after verification of the books of accounts followed by exhibit P4 revised notice dated January 22, 2010 by t....

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....ce Act, 2009 permits completion of assessment relating to the years up to and including the year 2004-05 pending as on March 31, 2009 on or before March 31, 2010. The respondents add that the writ petition filed challenging the pre-assessment notices are misconceived since the petitioner can very well file objections thereto and invoke statutory remedy thereafter if needed. 4. I heard Mr. Jayasankar, A.K., senior advocate on behalf of the petitioner and Mr. Manoj P. Kunjachan, Government Pleader on behalf of the respondents. 5. A cursory look at section 9(2) of the CST Act throws an insight to the issue raised and the same is extracted below for reference:      9. Levy and collection of tax and penalties.-(1) . ....

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....f the powers they have under the KGST Act subject to the provisions of the CST Act and the Rules made thereunder in regard to completion of assessment. No period has been prescribed for completing the assessment under rule 6(5) of the Rules while a period of four years is specifically prescribed for reassessment under rule 6(7) and 6(8) of the Rules. The failure to prescribe any period for completing the assessment under rule 6(5) of the Rules is conspicuous enabling the authorities to fall back on section 17 of the KGST Act. Section 17 of the KGST Act as amended by the Finance Act, 2009 has extended the time for completing the assessment in question for the period up to March 31, 2010. It cannot therefore be said that exhibits P1, P3 and P....