2024 (8) TMI 197

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....s, heard finally. 2. Petitioner is impugning an assessment order dated 28th March 2024 and the notice of demand also dated 28th March 2024 on various grounds. 3. Petitioner is in the business of exploration of petroleum resources in 'Panna and Mukta' and 'Mid and South Tapti' fields off the coast of Mumbai. The area where Petitioner operates is situated at a distance ranging from 60 to 120 nautical miles from the territorial baselines of India. Based on the exploration in the contract areas, Petitioner sells petroleum crude and natural gas to the nominated agencies of the Government of India. It is Petitioner's case that title in respect of crude and natural gas is transferred in favour of the Government nominee at the delivery point in t....

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....tioner to submit assessment compliance within 7 days. We find the letter to be as bald and vague as the show cause notice. In the said letter, there is not even a reference to the documents that Petitioner had, alongwith its letter dated 6th January 2024 submitted. Respondent No.2, thereafter, proceeded to pass the impugned order dated 28th March 2024 under Section 23 of the MVAT Act. Respondent No.2 has passed order without dealing with any points and simply on the basis of best judgment basis under Section 23 (2) of the MVAT Act. 7. Section 23 (2) of the MVAT Act reads as under:- 23. Assessment (1) ...... (2) Where the return in respect of any period is filed by a registered dealer by the prescribed date and if the Commissioner c....

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....urther documents, he shall serve on such dealer, a notice requiring him, on a date and at a place specified therein, either to attend and produce or cause to be produced all documents on which such dealer relies in support of his return, or to produce such documents or evidence as specified in the notice. Therefore, the Commissioner should first form an opinion that it is necessary or expedient to ensure that return is correct and complete, and after he forms such an opinion he requires to produce any documents then he shall give notice describing therein the documents which are required to be produced. If one sees the show cause notice it does not mention which are the documents that are required to be produced. The show cause notice is is....