2026 (7) TMI 1757

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....ged in the business of trading in gold jewellery and is an assessee under the provisions of the KVAT Act, 2003, as well as the CST Act, 1956. The petitioner has also obtained registration under the provisions of the CGST/SGST Act after the enactment of introduction of the Goods and Services Tax (GST) regime in the State. 2. The dispute in these two writ petitions essentially pertains to the assessment year 2017-18, specifically for the months of April, May and June, 2017. The petitioner states that, while filing the returns for the aforesaid period, it omitted to include certain stock transfer inward and outward transactions. Consequently, the petitioner submitted Ext. P1 application before the 1st respondent - Assessing Authority, seeki....

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....thority. It is in the above circumstances that W.P.(C) No. 10098 of 2024 has been filed. 5. I have heard Sri. A. Kumar, the learned Senior Counsel instructed by Smt. G. Mini, the learned Counsel for the petitioner, as well as Smt. Harima Hariharan, the learned Government Pleader for the respondents herein. 6. The short issue that arises for consideration in W.P.(C) No. 14377 of 2022 is whether Ext.P4 proceedings issued by the Assessing Authority rejecting the petitioner's request for revision of returns can be sustained or not. As already noticed, the petitioner submitted Ext.P1 application on 28.12.2020 pointing out that certain stock transfer inward and outward transactions for the period from April to June 2017 had inadvertentl....

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....ld that where a request for revision is made even before the initiation of assessment or penalty proceedings, such request is to be accepted. Though the Revenue preferred an appeal against the said judgment, the Division Bench of this Court in Commercial Tax Officer - I and Another v. C.R. Varghese [2018 (3) KLT 468], dismissed the appeal. While doing so, the Division Bench also observed that the Department has a duty to rise above a mediocre mindset and should not become merely a facilitator of finance alone. 10. In the light of the above, I am of the opinion that the request for revision of the return made by the petitioner ought to have been accepted. 11. At this juncture, this Court also notices the submission made by Smt. Harima,....