TMI Blog2007 (11) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... T), Fast Track Court, Assessment Circle-I, Coimbatore, addressed to the Branch Manager, Indian Bank, Main Branch, Coimbatore, for realisation of the reversal of VAT for the period between January 2007 to June 2007 is directed to be withdrawn immediately and the Bank Manager, Indian Bank, Main Branch, Coimbatore, is hereby directed not to give effect to the request made by the Assistant Commissioner (CT), Fast Track Court, Assessment Circle-I, Coimbatore. With the above directions, the writ petitions are disposed of. - W.P. Nos. 34544,34545 of 2006 - - - Dated:- 5-11-2007 - MANIKUMAR S. , J. ORDER:- S. MANIKUMAR J. The petitioner has challenged the order of the Assistant Commissioner (CT), Fast Track, Assessment Circle-II, Coim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anel. It is the further case of the petitioner that such control panels fixing with the abovesaid subsidiary components being supplied by the petitioner on payment of VAT on the value of the entire control panels, inclusive of the value of the petitioner's subsidiary components. The petitioner has further submitted that insofar as his own product is concerned, it is being supplied on returnable basis for the period from January 2007 onwards. According to him, the scheme of the Act envisages that the dealer need not pay tax on his own goods, unless there is sale or purchase. In the above background, when the petitioner has claimed the input tax redit under section 12 of the Act, the respondent has issued two notices dated July 12, 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer on the basis of the materials, found that there is a mismatch between the purchase turnover and the input tax claims made. After extracting the relevant provisions, the assessing officer, observed that the input tax credit is eligible only on the purchase of the goods specified in the First Schedule in the course of business from registered dealer within the State of Tamil Nadu and when there is no purchase of goods, there is no tax liability in the transaction. The second respondent has further observed that if any amount is paid purporting to be VAT, it is a wrong payment and for which, no input tax credit can be claimed. On the basis of the materials, the assessing officer has found that as there was no purchase of goods, the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equate time to the petitioner to prefer an appeal, is arbitrary. Recording the submission of the learned counsel for the petitioner, to adjudicate the factual finding before the appellate authority, the petitioner is at liberty to prefer the statutory appeal along with the payment of statutory tax within 30 days from the date of receipt of a copy of this order and on receipt of the same, the appellate authority shall consider all the points raised in the appeal and pass orders on merits and in accordance with law. The letter of the Assistant Commissioner (CT), Fast Track Court, Assessment Circle-I, Coimbatore, addressed to the Branch Manager, Indian Bank, Main Branch, Coimbatore, for realisation of the reversal of VAT for the period b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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