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2017 (9) TMI 1975 - HC - VAT and Sales TaxValidity of SCN - impugned notice is in consonance with section 46 of WB VAT Act 2003 or not - sufficient material existing before the Commissioner to invoke section 46 of the said Act of 2003 or not - HELD THAT:- The notice specify that, for the assessment period from April 01, 2015 to March 31, 2016, the petitioner has taken an excess Input Tax Credit of over ₹ 5.00 lacs and has carried forward to the next financial year. The notice requires explanation from the petitioner for such purpose. In the facts of the present case, therefore, it cannot be said that the Commissioner has acted wholly without jurisdiction in issuing the impugned notice. It is within his purview to take cognizance of a situation emanating under section 46(1)(b) of the said Act of 2003. In the present case he is prima facie satisfied that, the State Government has suffered loss of revenue and that, there are adequate reasons for the purpose of asking for the explanation. The reasons given in the impugned order are sufficient for the assessee to react thereto. The impugned notice not being vitiated any perversity, need not be interfere therewith. The authorities are entitled to look at the returns in accordance with the said Act of 2003, particularly under section 46 of the said Act of 2003 thereof - petition dismissed.
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