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2016 (1) TMI 186 - MADRAS HIGH COURT

2016 (1) TMI 186 - MADRAS HIGH COURT - TMI - Validity of impugned order - Levy of penalty under Section 27(3)(c) of the TNVAT Act - Availment of input tax credit - Held that:- Without considering his objection and revised return filed on 14.05.2015, the respondents had passed an order of assessment - By directing the petitioner to pay 15% of the Tax amount, the matter may be remitted back to the respondent, to pass a fresh order, by considering the petitioner's objection and revised return filed .....

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been filed to call for the records, on the file of the respondent in TIN: 33654123301/2013-14, dated 15.06.2015 and quash the same as illegal, invalid and violative of the Principles of Natural Justice. 2. The petitioner is a dealer in Glass and Plywood and an assessee, on the file of the respondent herein, under the Tamil Nadu Value Added Tax Act, 2006 (hereinafter referred as TNVAT Act). The petitioner is not effecting any inter-state purchase or inter-state sale in the course of their busines .....

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not pay any tax since their total turn over for the assessment year 2013-14 is less than the minimum of ₹ 10,00,000/-as prescribed in Section 3(1)(b) of the TNVAT Act and the same was accepted and the petitioner's assessment was deemed to be completed as on 31.10.2014, as per the provisions of Section 22(2) of the TNVAT Act. 3. The respondent issued a notice dated 20.03.2015 stating that on scrutiny of the petitioner's annual returns, it was found that the purchase turnover reporte .....

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VAT Rules stating that they are not availing any Input Tax Credit and they started filing monthly returns in Form-I from April, 2014 and prayed to drop the proposals. 4. The respondent has passed an order of assessment in TIN:33654123301/ 2013-14 dated 15.06.2015 determining the petitioner's total and taxable turnover for the year 2013-14 at ₹ 14,99,350/- and levied tax @ 14.5% under Section 27(1)(a) of the TNVAT Act as proposed in the notice, thereby mulcting the petitioner with a tax .....

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