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2016 (10) TMI 145 - HC - VAT and Sales TaxOpportunity of personal hearing - reversal of the process loss - reversal of the alleged stock transfer - validity of assessment - TNVAT Act, 2006 - jewellery of gold, silver and other special metal - inspection by Enforcement Wing in the premises of petitioner - Held that: - the decision in the case of M/s. Interfit Techno Products Ltd. Versus The Principal Secretary/Commissioner of Commercial Taxes, The Assistant Commissioner (CT) (FAC) [2015 (4) TMI 935 - MADRAS HIGH COURT] relied upon. It was pointed out that whether a loss was an invisible loss or whether it was a destructive loss or whether it would fall within any one of the parameters specified in sub-section 9 to section 19, all being questions of fact, have to be established by the dealer when called upon by the authority. However, to decide the question, first of all the respondent should have called upon the dealer to explain their process and furnish all their books of accounts. Thus, the assessment proceedings having been made in a very summary manner, the same calls for interference. The impugned assessment orders made in a very summary manner without affording reasonable opportunity to the petitioner to put forth their submission and explain the nature of transactions - matters remanded to the respondent to re-do the assessment afresh after affording an opportunity of personal hearing, calling for further details, examining the books of accounts and records placed by them and thereafter, pass a speaking order on merits - petition allowed - decided in favor of petitioner.
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