LEPL PROJECTS LIMITED Vs. COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) Heard Mr.N.Prasad, learned Counsel appearing for the petitioner and Mr.Manokaran Sundaram, learned Additional Government Pleader appearing on behalf of the respondent and with the consent of learned counsel appearing on either side, the writ petition itself is taken up for final disposal.

(2.) The petitioner is a registered dealer with the respondent under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (TNVAT Act). The challenge in this Writ Petition is to an order of assessment dated 17.05.2016, for the assessment year 2013-14. The respondent issued a notice on 15.06.2015, stating that the petitioner has produced Wind Electrical Energy, sold the same to Tamil Nadu Electricity Board and claimed exemption and on verification of Form WW along with the Trading Profit and Loss Account of the petitioner's business for the year 2013-14, certain discrepancies were found. Further, it was stated that the petitioner has sold the Wind Mill during the year 2013-14 and not disclosed sale of Wind Mill in the Returns and paid the tax and the sale value of the Wind Mill was assessed and tax was proposed to be assessed at 5% on the said sale value.

(3.) The petitioner submitted their objections on 19.06.2015, stating that sale of Wind Mill was a 'slump sale' and hence the question of treating the same as a transfer and levying tax does not arise. Apart from that various other factual issues were also pointed out, by relying upon the decisions of the Hon'ble Supreme Court.