Case Law Details
Tvl Sri Kumaran Mills Vs Assistant Commissioner (CT) (Madras High Court)
The Assessing Authority, in the matter of framing of assessments has to apply his mind to the issues that arise from the return of turnover filed by a dealer/assessee. However, orders of assessment are routinely passed based wholly on the proposals received from the Enforcement Wing and this case is no different. Though the impugned notice itself does not state so, the respondents in their common counter dated 12.10.2018, admit in paragraph 4 that the pre-assessment notices were issued ‘to implement the VSI-3 proposals received from the Enforcement Wing (Group-V) Coimbatore’.According to Mr. Hariharan, learned Standing counsel for the respondents, the pre-revision notices, though based wholly on VSI-3 proposals of the Enforcement Wing, merely call upon the petitioner to file objections to the issues set out therein and the present Writ Petitions are thus pre-mature. He thus prays that the Writ Petitions be dismissed and the petitioner be directed to file objections as called for in the impugned noticed.
This one honest admission by the respondents is sufficient for this Court to set aside the pre-revision notices. The purpose of pre-revision notices/pre-assessment proposal is not for implementing Enforcement Wing proposals but for putting forth issues that arise from the returns of turnover filed by a dealer/assessee, to the dealer/assessee for response and rebuttal. Such issues are to be identified by an officer by independent application of mind only. No doubt, it is incumbent upon the Officer to study the enforcement proposals and he is permitted to deviate from the same where he believes that the same do not give rise to an assessable issue.
In the light of the categoric admission in counter to the effect that the impugned notices are based on Enforcement proposals, the notices have no legs to stand.
The first respondent will issue pre-assessment proposals/pre-revision notices after due and independent application of mind within a period of three (3) weeks from date of receipt of a copy of this order and after hearing the petitioner and considering its reply, orders of assessment shall be passed within a period of four (4) weeks from date of conclusion of personal.
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