TMI Blog2015 (5) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner that the validity of the said enactment was upheld by the Hon'ble Division Bench of this Court by order dated 17.07.2013. Therefore, the petitioner cannot maintain this writ petition against the impugned proceedings, which is only a show cause notice, since the statutory provision has been upheld to be a valid piece of legislation. Therefore, only remedy left to the petitioner is to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovisions of the Tamil Nadu Value Added Tax Act, 2006 (in short the Act) and has filed this writ petition, challenging the notice issued by the respondent dated 27.07.201, where-under the respondent proposed to reject the petitioner's return filed for the assessment year 2007-08, as being incorrect and incomplete and proposed the total and taxable turnover for the year 2007-08 under Section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecent circular issued by the Commissioner of Commercial Taxes dated 04.11.2013 deals with the steps to be followed, while finalizing the assessment, which was brought into force in Section 19(2) of the Act. 7. It is seen that the writ petition was entertained by this Court, since the challenge to the validity of Section 19(2) of the Act was pending at the relevant point of time. It is not dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts have to be ensured by verifying the purchase and sale price per unit. 3. If the above two things are found in a business concern, the quantum of ITC, which exceeds the output tax shall be reversed. 9. In the light of the above, the impugned proceedings cannot be quashed. Accordingly, the prayer sought for by the petitioner is rejected. The petitioner is directed to submit its reply to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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