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2015 (10) TMI 1730 - MADRAS HIGH COURT

2015 (10) TMI 1730 - MADRAS HIGH COURT - TMI - Reversal of input tax credit - Assessee contends that when the issue raised before the Assessing Officer was on an interpretation of a circular issued by the Joint Commissioner and also covered by another decision in favour of one of the group companies, there was no necessity for the appellants to go to the appellate authority and exhaust all statutory remedies - Held that:- When the issue raised before the Assessing Officer was on an interpretatio .....

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ed in his circular that the provisions of Section 19(20) have nothing to do with the levy of tax on the discount, which has to be dealt with independently as per the provisions of the Act - Assistant Commissioner (CT) in Surapattu Assessment Circle had granted the benefit of the circular to one of the sister concerns. - Appellants is entitled to by-pass the alternative remedy of appeal - Matter remanded back - Decided in favour of assessee. - Writ Appeal Nos.1038 to 1040 of 2015 and M.P.Nos.1, 1 .....

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abu, learned Additional Government Pleader (Taxes) takes notice for the respondent. 3. On 8.1.2015, the respondent issued individual notices to the appellants proposing to reverse the input tax credit on the trade discounts and other discounts received by the appellants. Thereafter, the respondent issued a notice dated 23.2.2015 calling upon the appellants to appear in person for an enquiry with a list of documents indicated in the notices. Accordingly, the appellants appeared and produced docum .....

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ve statutory remedies of appeal. Therefore, the appellants have come up with the above writ appeals. 5. The only ground on which the appellants challenge the orders of the learned Judge is that when the issue raised before the Assessing Officer was on an interpretation of a circular issued by the Joint Commissioner and also covered by another decision in favour of one of the group companies, there was no necessity for the appellants to go to the appellate authority and exhaust all statutory reme .....

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ows : "1. Identification of cases in which huge ITC is accumulated on account of lesser sale price than the purchase price. 2. The above 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." 8. Therefore, based upon the orders passed by the High Court on 17.7.2013 in a batch of writ petitions upholding the Constitutional validity of Secti .....

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ent years 2007-2008, 2008- 2009, 2009-2010 and 2010-2011. The copies of the assessment orders passed on 31.3.2015 in respect of M/s.Sree Laxmi Traders for the aforesaid assessment years, are filed before us. Those orders show that the Assistant Commissioner (CT) in Surapattu Assessment Circle had granted the benefit of the circular to one of the sister concerns. 10. In such circumstances, the only contention raised by the appellants in their writ petitions and in these writ appeals is that two d .....

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