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Crescent Trade Links Versus The Assistant Commissioner (CT) R.G. Street Circle, Coimbatore. And Others

2015 (10) TMI 1572 - MADRAS HIGH COURT

Short payment of tax - omission to report purchases in the return vis-a-vis the books of accounts - Held that:- When there is no assessment order or notice issued, the impugned notice of demand of cash amount is wholly untenable and illegal in terms of Section 269 B of the Income Tax Act. Therefore, the impugned order is quashed - It is brought to the notice of this Court by the learned counsel appearing for the petitioner that one cheque amount has been utilized and amount of ₹ 16,00,000/ .....

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of 2015 And M.P.No.1 of 2015 - Dated:- 18-6-2015 - MR.JUSTICE T.RAJA, J. For Petitioner : Mr.N.Prasad For Respondent : Mr.S.Kanmani Annamalai Additional Government Pleader (T) ORDER This writ petition has been filed by Crescent Trade Links represented by its Managing Partner A.A.Mohammed Ziaudeen, seeking Writ of Certiorarified Mandamus calling for the records on the files of the first respondent in TIN: 33721762525/2015-16 dated 05.06.2015, to quash the same with further direction to the first .....

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emises of the petitioner on 10.04.2015. In the course of the inspection various allegations were made against the petitioner with regard to the short payment of tax. The following defects were also pointed out: i.There was an allegation of omission to report purchases in the return vis-a-vis the books of accounts. ii.There was an allegation that the petitioners have recovered additional amounts from the buyers in comparison with that mentioned in the invoice. iii.There was an allegation of stock .....

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t alleged tax demand of ₹ 42,72,722/-. The second respondent once again arbitrarily demanded payment of the same and asked for issuance of the cheque. Accordingly, to avoid embarrassment and further not to precipitate the issue, the petitioner was compelled to issue two cheques namely, cheque no.188422 dated 10.04.2015 for ₹ 16,00,000/- and cheque no.188423 dated 10.04.2015 for ₹ 20,00,000/-. Petitioner immediately at the time of issuing the cheque under compulsion explained be .....

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d 2014-15 is deemed to be completed under Section 22(2) of the TNVAT Act, if recovery is sought to be initiated there has to be a re-assessment under Section 27 of the TNVAT Act. That apart the impugned notice also refers to arrear under Section 42 of the Act which segregation would be arrived only after completion of the assessment and demand in Form 'O'. But in the present case, neither of the two situation has been complied with by the respondent. Therefore, the impugned order is liab .....

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