BILAL HUSSAIN AND CO Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner seeks to quash the recovery notice issued by the third respondent dated 28.08.1996 and further direct the respondents to give effect to the judgment of the Supreme Court in the case of Vikas Sales Corporation v. Commissioner of Commercial Taxes, (1996) 102 STC 106 with effect from 01.05.1996.

(2.) THE petitioner is a manufacturer and exporter of leather and an assessee on the file of the third respondent. THE petitioner's assessment for the assessment years 1989-90 to 1994-95 were finalised by the third respondent resulting in the balance of arrears of Rs.70,40,425/- due from it. Out of the above said arrears, the petitioner paid a sum of Rs.1,22,663/- towards tax involved of sales of other goods purchased from unregistered dealers and also sales of assets. THE balance arrears amounting to Rs.69,17,861/- represented the premium received on the sale of REP licence as the petitioner failed to pay the arrears. THE third respondent issued recovery notice, which is challenged in this writ petition.

(3.) IN addition to that, the Division Bench while disposing of the P.S. Apparels case has given a categorical direction both to the assessing officer and to the assessee as stated supra. INdisputably, the petitioner has not availed the statutory remedy within the statutory period of limitation and has thus allowed the assessment to become final. IN the said circumstances, the writ petition fails. The writ petition is dismissed as devoid of merits. No costs.