TaxTMI 
TaxTMI 
2016 (7) TMI 74
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....57 and penalty at 150 per cent. amounted to Rs. 21,93,513.06, i.e., to say a total amount of Rs. 44,23,585 for the assessment year 2010-11. For the assessment year 2011-12, the balance due is Rs. 1,69,12,462.38, interest Rs. 58,34,799.52 and penalty Rs. 2,53,68,693.57, total amount is Rs. 4,81,15,955. Similarly, for the year 2012-13, the balance due is found to be Rs. 2,44,01,139.43, interest Rs. 40,26,188, penalty Rs. 3,66,01,709.14 and balance due Rs. 6,50,29,037. The main grievance of learned counsel for the petitioner is that the rules of natural justice have not been followed while deciding the same case. We are aware that normally, we do not interfere at the stage of assessment but if patently there is violation of the rules of natur....
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.... of the Tripura Value Added Tax Act on or before April 30, 2013. We may also make it clear that we expect both the petitioner and the assessing officer to obey this order in letter and spirit and work in cooperation with each other and in case we find that either the petitioner or the assessing officer is trying to delay the matter we shall be compelled to take serious action against the erring party. The petitioner is directed to appear before the assessing authority along with a copy of this judgment on December 10, 2013." We had directed the petitioner to appear before the assessing authority along with a copy of the judgment dated December 10, 2013. It is not disputed before us that the petitioner did appear and thereafter, some hearin....
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....y came to the conclusion that the returns filed are incorrect and why the documents relied upon by the assessee could not be relied upon. It is not the ipse dixit of the assessing officer which is to prevail. The assessing officer must give reasons as to why he feels that the returns are incorrect and why he feels that the documents relied upon by the company cannot be relied upon. If the documents are duly audited by chartered accountants, the assessing officer will have to give reasons why he is not accepting the same. He cannot just pass a single line order saying that he does not accept the same to be correct. That would run contrary to all canons of tax jurisprudence. It is also not understood how the assessing officer has come to the ....