AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2018 (5) TMI 85
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....mpanies Act, 1956/2013 and a dealer registered under the Karnataka Value Added Tax Act, 2003 ['Act', for short] and Central Sales Tax Act, 1956. The petitioner carries on business in VIP brand luggages - soft, hard and moulded luggages. Relating to the tax period April 2011 to March 2012, the case of the petitioner for reassessment was assigned to the Respondent No.3 herein. It is the grievance of the petitioner that the Respondent No.3 issued final notice dated 24.03.2018 proposing to pass reassessment order under Section 39[1] of the Act for the period in question, providing three days opportunity to the petitioner- company to file objections, failing which action deemed fit shall be confirmed. It is the contention of the petitioner that ....
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....ce. It is only by way of final notice, these transactions were proposed to tax, for which reasonable opportunity was required to be provided by the prescribed authority. Proceeding to conclude the reassessment, rejecting the request of the petitioner to provide an opportunity till 30.03.2018 is in violation of the principles of natural justice and such an order passed contrary to the principles of natural justice is prima facie null and void and deserves to be set aside. 5. Learned Additional Government Advocate appearing for the respondents, justifying the impugned order, would submit that for the tax period relating to April 2011 to March 2012, Form 275 was issued on 13.2.2015. Thereafter, proposition notice dated 14.06.2017 was issued. ....
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....e is extracted hereunder for ready reference. "Please take notice that M/s VIP Industries Ltd TIN-29450051611 is a registered dealer under KVAT Act. The assessee is filing the returns in LVO-LVO 060- Bengaluru. In terms of assignment note issued by the Commissioner of Commercial Taxes (K), Bangalore, the case has been allotted for audit for the period 2011-12 under the KVAT Act. Hence, a notice u/s. 52(1) of the Act Form VAT-275 was issued and served to assessee for production of books of accounts under KVAT Act. You have failed to comply with the notice. On verification of your monthly returns for the year 2011-12, it is reflected that you have claimed input in every month. But failed to produce of local registered dealer purchases. Henc....
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....yable in respect of the sale exceeds the amount shown as tax charged in such tax invoice, the registered dealer making the sale, shall issue to the purchaser a debit note containing particulars as prescribed. (3) Any registered dealer who receives or issues credit notes or debit notes shall modify his return for the period in which the credit note or debit note is issued and pay any tax due on such return. If not reverted, the same shall be treated as taxable sales On verification of monthly returns filed by the company has variation in payment of taxes as admitted in its returns. The Form VAT 240 also has the excess collection of taxes and the company is required to file the revised return if at all there is legal claim of not paying as....
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....ery shall discharge him of the liability to refund the amount to the person from whom it was collected. (4) Where any amount is paid or recovered by or from any dealer under sub-section [1] or [3], a refund of such amount or any part thereof can be claimed from Government by the person from whom, it was realized by way of tax provided an application in writing in the prescribed form is made to the Commissioner, within two years from the date of the order of forfeiture. On receipt of any such application, the Commissioner shall hold such inquiry as he deems fit and if the Commissioner is satisfied that the claim is valid and admissible, and that the amount so claimed as refund is actually paid or recovered, he shall refund the amount or any....
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.... the petitioner till 30.03.2018. Final reassessment order is passed on 31.03.2018. 12. It is settled legal principle that principles of natural justice has to be complied with by quasi judicial authority while concluding the assessment/ reassessment. Providing of such opportunity is not a mere formality, reasonable opportunity has to be provided so that the assessee gets reasonable time to meet the contents of the notice or comply with the discrepancies pointed out in the notice. Indisputably, assessment proceedings were pending from 13.02.2015 when Form 275 was issued by the prescribed authority. The proposed tax in terms of the notice dated 24.03.2018 is based on fresh grounds which were not adverted to, by the prescribed authority in th....