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2017 (12) TMI 3 - HC - VAT and Sales TaxReversal of input tax credit - TNVAT Act - computation of taxable turnover - liability of interest - Held that: - it is the endeavour of the petitioner to state that the respondent committed a serious error in clubbing turnover under the CST Act and to draw the inference that the taxable turnover has exceeded ₹ 200 Crores and therefore, returns filed by them are belated and the petitioner is liable for payment of interest - with regard to Rule 7 of the TNVAT Rules, 2007, which states that every dealer shall file their return for each month in Form I on or before 20th of the succeeding month. Sub-Rule 8 of Rule 7, is sought to be invoked by the respondent by stating that if the taxable turnover in the previous year is ₹ 200 Crores and above, the returns should be filed on or before 14th of the succeeding month. This having not been done, the petitioner is liable for payment of interest. Whether at all the turnover under the CST Act could be clubbed with the turnover of the TNVAT Act, is an important question to be decided. However, the respondent having not considered these issues, this Court is of the view that the matter requires to be remanded to the assessing officer for fresh consideration, on the above factual and legal issues, after affording an opportunity of personal hearing. Petition allowed by way of remand.
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