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2016 (1) TMI 277 - MADRAS HIGH COURT

2016 (1) TMI 277 - MADRAS HIGH COURT - TMI - Manufacture of finished leather - Demand of differential ITC - reversal of ITC under Section 19(2)(V) of the TNVAT Act - Held that:- Originally considering the transactions relating to CST for the assessment year 2012-13, an oder of assessment came to be passed, granting the relief as prayed for. Subsequently, the same turnover and the corresponding purchases relating to Form C declarations were sought to be brought in for the assessment year 2012-13 .....

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th the respondent to reverse the ITC, since the amended provision of Section 19(2)(V) of the TNVAT Act, 2006 by Act 28 of 2013 came into effect only from 11.11.2013. Hence, to this extent, the impugned assessment order needs interference. Admittedly, the explanation of the petitioner dated 16.02.2015 is also not considered by the respondent. - Matter remanded back - Decided in favour of assessee. - W. P. No. 29623 of 2015, M. P. No. 1 of 2015 - Dated:- 21-9-2015 - R Mahadevan, J. For the Petitio .....

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956. For the assessment year 2012-13, assessment was completed under the CST Act, in which the entire taxable turnover was covered with C Form on which the respondent levied tax at 2% by proceedings dated 10.04.2015. Similarly, assessment order was issued under Section 22(2) of the TNVAT Act on the self assessment basis, accepting the returns filed by the petitioner. Thereafter, invoking Section 19(2)(v) of the Act, a notice dated 15.10.2014 was issued demanding the differential ITC at 3% on the .....

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sment was passed on 07.04.2015 and CST Assessment was also issued on 30.04.2015. However, on 30.04.2015, the impugned order for 2012-13 under TNVAT Act was served on them, in which, reversal of ITC under Section 19(2)(V) of the TNVAT Act was confirmed, without considering the reply filed by them which was acknowledged on 16.02.2015. Hence, the petitioner is before this Court. 3.1 The learned counsel for the petitioner submitted that the impugned order demanding the difference of 3% ITC on the pu .....

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hase of goods which were exported, referring to Rule 11(2) of the TNVAT Rules, 2007, which was acknowledged on 16.02.2015, the same was not considered before passing the impugned order and hence there is violation of principles of natural justice. 3.3 It is his further contention that the petitioner was not given an opportunity of being heard and therefore, the impugned order is liable to be quashed. Based on these, the learned counsel for the petitioner has sought for allowing of the writ petit .....

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