SIMPLEX INFRASTRUCTURES LIMITED Vs. ASSISTANT COMMISSIONER (CT)

JUDGEMENT

(1.) The petitioner is a dealer in terms of the Tamil Nadu Value Added Tax Act, 2006 (in short 'Act') as well as the Central Sales Tax Act, 1956, (in short 'CST Act'), engaged in the execution of works contracts.

(2.) The impugned assessment relates to the period 2010-11 and has been completed pursuant to an audit conducted by the officials of the enforcement wing on 18.09.2012 and 13.12.2012. Based on the audit, a pre-revision notice dated 18.09.2013 was issued proposing to bring to tax several transactions on the ground that verification of the check-post movements indicated that the turnover from some transactions had escaped assessment and were thus, liable to brought to tax as purchase suppression. This stand of the revenue emanated from the opinion of the enforcement officials indicated at the time of inspection.

(3.) The petitioner responded that the movement noticed by the revenue wase in relation to machinery and equipments owned by it that were being shunted from its own stock yard/work sites to other stock yards/work sites and there was no sale involved in such transfer. The equipment was being transferred for the execution of works contract in various project sites and such transfer has not generated any turnover liable to the levy of tax.