Raja Abhishek For NIRC 2024
about 1 month ago
š° š š®š±šæš®š šš¶š“šµ šš¼ššæš š„šš¹š¶š»š“: šš²š½š®šæššŗš²š»š šš®š»š»š¼š š„š²š³ššš² šš®šš² š¦ššÆšŗš¶ššš¶š¼š» š¼š³ āšā š®š»š± āšā šš¼šæšŗš š£š¼šš šššš²šššŗš²š»š šš¼šŗš½š¹š²šš¶š¼š» š¢ The court ruled that submission of āCā and āFā forms post-assessment cannot be grounds for refusal by the Department.
š Facts: šš®šš² š§š¶šš¹š²: BALAJI MACHINE WORKS PVT LTD vs THE ASSISTANT COMMISSIONER (CT), COIMBATORE šš¼ššæš: Madras High Court šš®šš² š”ššŗšÆš²šæš: W.P.Nos.4863, 4869, 4870, and 4873 of 2023; W.M.P.Nos.4895, 4898, 4900, and 4901 of 2023 šš®šš²: 21-Feb-2023
šš®šš² šš®š°šøš“šæš¼šš»š±: The petitioner, Balaji Machine Works Pvt Ltd, submitted āCā and āFā Declaration Forms after the completion of assessment orders under the Tamil Nadu VAT Act, 2006. The Department initially refused to accept these forms on the grounds that they were submitted after the assessment was completed.
ā ššš±š“šŗš²š»š: The Madras High Court held that the Department cannot refuse āCā and āFā forms solely because they were produced after assessment completion. The court directed the petitioner to submit a fresh application under Section 84 of the TNVAT Act, 2006, for rectification of the impugned assessment orders, along with the āCā and āFā Declaration Forms and other relevant documents. Until final orders are issued, the court instructed that no coercive measures be taken against the petitioner.
š š§šµš¶š šæšš¹š¶š»š“ š°š¹š®šæš¶š³š¶š²š that late submission of essential declaration forms should not prevent their acceptance in assessment rectifications, providing fair relief to taxpayers who present valid documents post-assessment. š§š²š®šŗ šš¦š§š½š®š»š®š°š²š® š 7503031378
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