Under The Tamil Nadu Value Added Tax Act 2007, assessments were finalise under Sec 22 (2) as Deemed Assessment. By which no need of production of Accounts, documents before the Assessing officer for finalisation. The date of deemed assessment is deemed to have been assessed on 31st day of IOctober of the Succeding year.
Now the question arise that how the Tamil Nadu Commercial Tax officers are finding the Escaped turnover on Interstate purchases , Import into India etc.,
To answer the question is highly difficult, because, very rare Inward Check post details were available in the TN CT intra-net . In other words only filtered check post bill details were available, when compare to the neighbour states Commercial Taxes Check post ,situated in the border ( towards tamil Nadu) were disclose that larger number transport movement entries were missing.
The Goods brought from other States into Tamil Nadu, through Port ( Chennai, Tuticorin) and by Rail way , the transport movement entries are not feed into Tamil Nadu Commercial Taxes departmental official website for Assessing Officers Verification.
TNVAT Section 22 (4) prescribed for Incorrect and Incomplete returns filed , or no returns filed
25 (1) prescribed for Provisional assessment .
27 prescribed for Assessment of Escaped turnover and wrong availment of ITC.
Till date the Tamil Nadu Commercial Taxes Department has not host data in their official tnvat.gov.in website for the purpose of the assessing authority to proceed , assessment under TNVAT Act Sections 25, 27 etc., , means Transportation Records collected by the Tamil Nadu Commercial Taxes Department,especially at Railway yard and Port on Interstate purchase and Import into India, Interstate Stock Transfer (inward).were properly not supplied to the assessing authorities.
Hence the Tamil Nadu Government losing huge volume of its Revenue, from its Commercial Taxes Department from the date of its Vat implementation in Tamil Nadu, i.e. 01.01.2007.
This is one of the duty of the Joint Commissioner CT, ISIC ( Interstate Investigation Cell ) to bring the transportation movement data to be supplied to CT department ,duly coordinate with other states Commercial taxes department.
To day I filed a complaint before the Additional Commissioner ( Public Relations) .(CT ) chennai.
Hope the Tamil Nadu Commercial Taxes will awake and bring steps to recover its revenue on Escaped turnover more specifically on Interstate purchases and Import into India brought the taxable goods through Port and Railway .
The Tamil Nadu Commercial Taxes delegates its power to the Joint Commissioner (ISIC ) to coordinates with the officers of the Other States, to control evasion of tax on Interstate purchase transactions and exchange data with them for further processing to arrest Tax Evasion.
Pray for maximisation of Tamil Nadu Commercial Taxes Revenue Collection from the Tax Evaders.
By
S.Kannan, Advocate.
