MADRAS HIGH COURT
A, J
State – Appellant
Versus
Assessee – Respondent
| Table of Content |
|---|
| 1. assessment and validity of c forms. (Para 1 , 2) |
| 2. mandatory submission requirements under tax law. (Para 4 , 5 , 6) |
| 3. lack of discretion to condone statutory compliance failures. (Para 9 , 10 , 11) |
1. Out of the turnover of Rs.53,742 returned by the assessee respondent, Rs.34,560 was covered by C forms. The balance of the turnover was not covered by C forms and the assessing authority, the Deputy Commercial Tax Officer, accordingly assessed this latter part of the turnover at seven per cent under the Central Sales - tax Act. An appeal was taken by the assessee to the Appellate Assistant Commissioner, before whom the assessee admitted that the C forms relevant to the turnover of Rs.19000 and odd assessed at seven per cent had been received only after the final assessment was over. The final assessment by the Deputy Commercial Tax Officer in this case was on 15th June 1960, and the relevant forms were produced before the Appellate Assistant Commissioner on 27th July 1960. No explanation was given before the appellate authority for failure to produce these C forms earlier. The Appellate Assistant Commissioner therefore took the view that the transactions covered by
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