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2016 (12) TMI 817 - MADRAS HIGH COURTValidity of Assessment order - non production of Form C - non-production of Form H Declarations - reversal of ITC u/s.19[5][c] of TNVAT Act - Held that: - In terms of the circular 23367/93 dated 30.04.1993, no strict guidelines have been fixed for production of such declaration forms and the object of production of these forms is to enable the dealer to avail concessional rate of tax. Therefore, a rigid and strict interpretation cannot be done in this regard and the Assessing Officer would be justified in accepting the forms even after the assessment is completed - this Court is of the view that the assessment can be re-done afresh after receiving Forms C and H declarations, which the petitioner is in position as on date. With regard to the proposal u/s.19[2][v] is concerned, since the petitioner is yet to challenge statutory provision before this Court, the court has given liberty to raise objections on the said issue. Petition allowed - matter on remand - petitioner is granted four weeks time to produce Forms C and H Declarations and also submit further objections to the proposals to reverse ITC u/s.19[5][c] and on receipt of the same, the respondent shall re-do the assessment in accordance with law.
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