Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2021 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (4) TMI 125 - HC - VAT and Sales TaxOmission to report purchase value - wrong availment of input tax credit - assessment of tax on deemed assessment basis under Section 22(2) of the TNVAT Act, 2006 - contention of the department is that the petitioner who is a dealer in cements and who availed trade discount from the manufacturer, did not adhere to the parameters laid down in Section 19(20) of TNVAT Act, 2006 r/w Rule 10(6)(b)(ii)(c) of TNVAT Rules, 2006 - HELD THAT:- The respondent without any basis had concluded that the petitioner has disturbed the tax component. It is certainly open to the manufacturer to reward the petitioner with trade discount and by no stretch of imagination, that can be added to the taxable turnover of the petitioner for the purpose of coming to the conclusion that the petitioner had wrongly availed ITC. Petition allowed.
|