Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2019 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 1447 - HC - VAT and Sales TaxReversal of Input tax credit - difference in purchase turnover to tax - audit reveals that the sellers have not reported the corresponding purchases in their returns filed for the period in question - TNVAT Act - Held that:- The statutory requirement for claim of ITC is production of proof of purchases by way of original invoices from the selling dealer - In the present case, the Department, does not dispute the position that the purchasers have duly produced the original invoices from the seller. In such a circumstance, no reversal is liable to be made, in the absence of any further condition imposed upon the dealer in this regard. A learned Single Judge of this Court in the case of JKM Graphics Solutions Private Limited Vs. Commercial Tax Officer, Vepery Assessment Circle, Chennai, [2017 (3) TMI 536 - MADRAS HIGH COURT], has considered an identical challenge raised by several dealers, wherein their claim for Input Tax Credit was reversed on an alleged mis-match between their returns and the returns filed by the sellers, where Matters are remanded to the respective Assessing Officers, to undertake a fresh exercise by conducting a thorough enquiry in consultation with the Assessing Officers of the other end dealer. The impugned order of assessment is set aside - The assessment will be re-done as indicated in the order in the case of JKM Graphics pursuant to fresh show case notice to be issued by the Assessing Authority - petition allowed by way of remand.
|