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2016 (6) TMI 1420 - HC - VAT and Sales TaxValidity of assessment order - higher amount on excess of ₹ 50 lakhs only - notification issued under Section 3 (4) of the TNVAT Act and G.O.Ms.No.135, dated 30.10.2011 to be taken into account - HELD THAT:- The Respondent should have taken into consideration the notification issued under Section 3 (4) of the TNVAT Act and G.O.Ms.No.135, dated 30.10.2011, which is effective from 01.04.2012, and the petitioner has to pay higher tax only for the excess amount of ₹ 32,228/-, which is more than ₹ 50 lakhs limit and as per the Government Order and the amendments to Section 3 (4) of the Act, the petitioner is entitled to avail Input Tax Credit for the turnover, which exceeds ₹ 50 lakhs and the said Government Order, being a beneficiary notification, is applicable to the year 2012-13 also. This Court is of the view that the respondent should be directed to redo the entire assessment, taking into consideration the submissions made by the petitioner and take a decision after affording an opportunity of personal hearing - Petition allowed by way of remand.
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