STERLITE INDUSTRIES (INDIA) LTD. REPRESENTED BY ITS COMPANY SECRETARY AND ASSOCIATE VICE PRESIDENT S. VARADHARAJAN Vs. THE COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) The Petitioner has assailed in W.P.(MD)Nos. 3014 to 3016 of 2008 the three revised assessment of tax orders issued by the Respondent by order, dated 27.02.2008 for the assessment years 2001-2002, 2002-2003 and 2003-2004 respectively under Section 16 of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred as the Act). Those orders also imposed penalty under Section 23 of the Act and the same is also questioned in the writ petitions.

(2.) The Petitioner is a Company having the registered office at SIndian Penal Code OT Industrial Complex, Madurai by Pass Road, Tuticorin. The Petitioner was assessed by the Respondent as per the turnover reported for the assessment years 2001-2002, 2002-2003 and 2003-2004 under Section 12 of the Act. The Petitioner purchased machinery parts and accessories against the issue of Form XVII declaration under Section 3(5) of the Act. Based on the assessment orders for the assessment year 2001-2002, 2002-2003 and 2003-2004, the tax was paid by the Petitioner.

(3.) While so, the Respondent exercised his revisional power under Section 16 of the Act. According to the Respondent, there was an escape turnover and the Petitioner was not entitled to claim the rate of tax at the rate of 3% under Section 3(5) of the Act. The said conclusion was arrived at by the Respondent based on a circular dated 08.09.2004 issued by the Commissioner of Commercial Taxes, Chennai. Furthermore, the Respondent relied on the audit report.