TMI Blog2016 (12) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of that year, audited by an Accountant and submit a report of such audit in the prescribed Form, duly signed and verified by the Accountant, to the Assessing authority, within such period as may be fixed. Thus, the petitioner's turnover having exceeded Rupees One Crore, they are required to file the Audit Report and they have got time to file the Audit Report i.e. within nine months from the end of the financial year and the end of the financial year was 31.03.2016. Therefore, the respondent/assessing officer has to necessarily await the Audit Report, as the statute provides time limit for the petitioner to submit the same. The impugned order is set aside and the respondent is entitled to pass final assessment order after t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mil Nadu upon payment of applicable tax under the TNVAT Act. Some of the goods are said to have been sold as Interstate sale by the petitioner from the State of Tamil Nadu upon payment of applicable tax under the CST Act. The petitioner states that they also undertook stock transfer of the goods so imported through their branch located outside the State of Tamil Nadu against the Declaration under Form-F, as per the amended Section 6A of the CST Act. (ii) The petitioner would further state that apart from the above business dealings, they have effected local purchases of Anti-virus, Speaker, Mobile Phones, Laptop Cable lock, etc. inside the State of Tamil Nadu from dealers registered under the VAT Act upon payment of applicable VAT and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reafter, the petitioner submitted letters dated 3.6.2016 21.06.2016, to the Officers of the Enforcement Wing, which was followed by a statement given by the authorised signatory of the petitioner on 22.6.2016. Ultimately, a show cause notice dated 20.7.2016, was served on the petitioner proposing to reverse the ITC availed by the petitioner under various heads. The petitioner submitted their objections on 16.8.2016, the respondent has rejected the objections and confirmed the proposal in the show cause notice. The said order of assessment is impugned in this Writ Petition. 3. The first ground raised by the learned counsel for the petitioner is that the impugned proceedings is for part of the assessment year 2015-16 i.e. upto December ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs (India) Pvt.Ltd.,(supra) has considered an identical question, wherein the Court took into consideration the decision of the Hon'ble Bench in State of Tamil Nadu V. Wander Limited [ (1990) 79 S.T.C. 421(Mad)] and set aside the provisional assessment order, leaving it opento the Assessing Officer to pass final assessment order after hearing the appellant/assessee. The operative portion of the Judgement reads as follows: 3. The submission of the appellant before the learned single Judge was that both these assessment years were over and what the respondent had done was to pass a provisional assessment order. It was submitted that when the assessment year was already over, the final assessment order was expected to be passed and no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment order after hearing the appellant-assessee. The learned senior counsel appearing for the appellant assures that the appellant will extend its full co-operation to the Assessing Officer in the matter of assessment. There shall be no order as to costs. Consequently, M.P. Nos.1 and 1 of 2009 in the respective writ appeals are closed. The above referred decision was followed by this Court in the case of Next Education India Pvt. Ltd. (supra). 7. In the light of the above referred decisions, it has to be held that the impugned proceedings, which is a provisional assessment order for part of the assessment year, has to be set aside, leaving it open to the Assessing Officer to pass an assessment order for the entire year. At this ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired to file the Audit Report and they have got time to file the Audit Report i.e. within nine months from the end of the financial year and the end of the financial year was 31.03.2016. Therefore, the respondent/assessing officer has to necessarily await the Audit Report, as the statute provides time limit for the petitioner to submit the same. 10. In the light of the same, the impugned order is set aside and the respondent is entitled to pass final assessment order after the petitioner files the Audit Report in terms of Section 63-A of the TNVAT Act, within the time prescribed under Rule 16(1) of the TNVAT Rules and in the event the respondent for any valid reason does not accept the report, then the respondent is directed to issue sho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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