2018 (7) TMI 2393

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he input tax credit. The returns for the assessment year 2013-2014 would deem to have assessed after 31.10.2014 unless it is intervened by the assessment order passed by the Assessing Authority. In the instant case, no such assessment order was passed by the Assessing Authority. However, on 30.06.2014, a notice was issued by the respondent on the basis of the inspection conducted by the Enforcement Wing Officers at the place of business of the petitioner. The respondent has called for objections for the stock differences proposed in the revision notice. The petitioner filed his objections on 30.08.2014 stating that the proposal issued by the respondent is premature as it was issued even before the assessment year is complete and also the me....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y and, therefore, the Writ Petition is not maintainable and liable to be dismissed. 4. I have considered the rival contentions made on either side. 5. Admittedly, a revision notice was issued on 30.06.2014 on the basis of the report submitted by the Enforcement Wing Officers and penalty under Section 27(3) was also proposed. In such an event, it cannot be said that it is passed on the basis of best of judgment basis. The authority should have waited till the deemed date of assessment, that is to say, till 31.10.2014. In that view of the matter, the notice issued by the respondent is premature and unsustainable in law. Secondly, the objections submitted by the petitioner reveal that he relied on the judgments of the Sales Tax Appellate....