2016 (4) TMI 395

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....t initiated assessment proceedings under the provisions of the Central Sales Tax Act, 1956 for the years 2014-15 and the petitioner was called upon to produce its books of accounts, tax invoices and other relevant documents pertaining to the said financial year. In response the petitioner had submitted a letter stating that it was in the process of preparing its audited statement of accounts required to be submitted under the provisions of KVAT Act, 2003 and that all its resources were utilized in the same, as well as in year end closing activities. Therefore a request was made to the second respondent to grant additional period of three months to produce its books of accounts apart from other documents. The second respondent said to have i....

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....e more statutory forms and accordingly requested the 2nd respondent to take the same on record and again sought further time to file the balance statutory forms. The petitioner uploaded additional statutory forms on 05.02.2016 for a value of Rs. 21,88,01,732/-. However, on 10.02.2016 the petitioners' request was disregarded and the second respondent passed the impugned reassessment order. The second respondent had levied tax on the balance turnover of sales not covered by statutory forms at the regular rate of tax applicable to such sales. The second respondent had according to the petitioner failed to consider statutory forms for a value of Rs. 21,88,01,732/- which had been uploaded by the petitioner on February 5, 2016 and the second ....

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....nterest of justice would be met in so far as the amounts covered under the form which are yet to be submitted. The petitioner is also ready to furnish bank guarantee as it is petitioner's belief that no tax liability whatsoever and the same may be supported by production of the statutory forms. Incidentally it is pointed out that three Judges bench of Supreme Court as in the case of State of H.P. and others v. Gujarat Ambuja Cement Ltd., and another reported in 2005 STC (142) 1 has laid down that Rule 12(7) of the Central Sales Tax (Registration and Turnover) Rules, 1957, the declaration form can be filed at a subsequent point of time, not necessarily alongwith the returns. On an application being made before the Assessing Authority the....