AMARPRAKASH DEVELOPERS P LTD Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Petitioner has come forward with the aforesaid prayer.

(2.) The case of the petitioner is that inspection was conducted by the Enforcement Wing and thereafter, on 17.9.2014, the respondent issued a revision of assessment notice under section 27 of the Tamil Nadu Value Added Tax Act, 2006 based on the proposals forwarded by the Enforcement Wing. The respondent chose to issue the notice to the petitioner proposing to assess under section 22(4) of the Tamil Nadu Value Added Tax Act, 2006 by making an addition of 2% to the taxable turnover reported by the petitioner on the ground that the petitioner's total turnover is in excess of one crore rupees and the petitioner failed to to file the mandatory audit report in Form WW for the assessment year 2012-13. The petitioner sought for extension of time apart from paying Rs.10,000/= fine as contemplated under section 63-A of the Act. For the sake of convenience, Section 63-A of the Act is extracted below:-

(3.) On 23-12.2014, the respondent issued notice granting final opportunity and the petitioner filed their objections on 29.12.2014 in response to the first notice dated 17.9.2014 and sought for extension of time to file objections for the notices dated 7.11.2014. However, the respondent passed the impugned order confirming the proposals contained in the two notices dated 17.9.2014 and 7.11.2014. The petitioner contended that the provisions of section 63-A of the Act requires every registered dealer whose total turnover in a year exceeds one Crore rupees to get their accounts in respect of that year, audited by an Accountant and submit a report of such audit in the prescribed Form and on failure to do so, prescribes levy of penalty of a sum of Rs.10,000/= in addition to any tax payable.