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2022 (11) TMI 398 - HC - VAT and Sales TaxValidity of assessment order - mismatch between the purchasing and selling dealer - ITC claimed by the purchaser does not match with the output tax due paid/payable by the seller - Mismatch of purchase/ sales transactions resulting in purchase and/or sales suppression - Mismatch of transactions because of a dealer whose registration To anolem certificate has been cancelled - HELD THAT:- After referring to the verification to be undertaken by the Assessing Authorities in regard to the materials in his possession, the Assessing Authority is required to issue notice along with all details connected to the assessment and seek objections from the assessee concerned. Thereafter, a personal hearing shall be afforded, either physically or virtually, granting adequate opportunity to the dealer to put forth its objections. The Circular also envisages a request of the assessee for cross examination of the third party dealer and provides for such an opportunity of cross examination to be granted suo motu, if the Assessing Authority believes that it would be so appropriate. The assessment will thereafter be concluded within a period of 180 days from date of issue of show cause notice. Let this procedure be followed in the present matter as well. Show cause notice, as indicated in the Circular will be issued to the petitioner within a period of four (4) weeks from today with all necessary enclosures. The assessments will be completed thereafter within a period of 180 days, in accordance with law, after hearing the petitioner - It is made clear that if the amount volunteered as per affidavit dated 11.10.2022 is not so remitted within the time stipulated as above, then it shall be as though the impugned order has not been interfered with, and the same shall stand confirmed. Writ petition disposed off.
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