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2021 (2) TMI 907

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....h the respondents. The petitioner was awarded contract by TWAD Board during the year 2000-2001. The petitioner's specific case is that they reached taxable turn over only in February 2002. The petitioner wanted to make payment of tax at compounded rates in terms of Section 7-C of the Tamil Nadu General Sales Tax Act, 1959. While filing the returns for the taxable turn over reported in February 2002, the first monthly return was filed on 07.03.2002. The petitioner also opted to come under the compounding scheme under Section 7-C of the Tamil Nadu General Sales Tax Act, 1959. It appears that thereafter the petitioner filed nil returns for the period from April 2001 to January 2002. This was done on 25.03.2002. 3.According to the author....

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.... Tribunal) may, at any time within [five years] from the date of any order passed by it, rectify any error apparent on the face of the record; Provided that no such rectification which has the effect of enhancing an assessment or any penalty shall be made unless such authority has given notice to the dealer and has allowed him a reasonable opportunity of being heard. Section 55(2) Where such rectification has the effect of reducing an assessment or penalty, the assessing authority shall make any refund which may be due to the dealer. Section 55(3) Where any such rectification has the effect of enhancing an assessment or penalty, the assessing authority shall give the dealer a revised notice of assessment or penalt....