HC
dismisses assessee’s challenge to validity of demand notice issued towards
recovery of sales tax arrears under CST Act on account of failure to furnish
Form F in respect of goods consigned to agents in other States; Notes
assessee’s contention that he duly submitted Form F declaration to Assessing
Authority in terms of Section 6A of CST Act, and since he closed business due
to fire accident, Assessing Authority ought to have sent the notice and
assessment orders on residential address instead of business address; States,
these factual assertions having been urged for the first time, cannot be
entertained in writ proceedings since it fails to afford opportunity to Revenue
to rebut the same, moreover, assessee failed to intimate the fact of
discontinuance of business and name of person authorized to receive assessment
order on his behalf, which indicates that assessee possessed the hard copy of
order; Further observes that absent challenge to the assessment orders, demand
notice cannot be set aside on the ground that same are void and non est in the
eyes of law or that assessment should be ignored as a nullity; Remarks, as long
as assessment order is within the stipulated period of limitation, it is
inconsequential whether same is passed immediately after end of assessment year
/ period, or at fag end before expiry thereof, also rejects assessee’s
contention that intra-State sales were being treated as inter-state sales
: Telangana & Andhra Pradesh HC
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