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2016 (1) TMI 997 - MADRAS HIGH COURT

2016 (1) TMI 997 - MADRAS HIGH COURT - TMI - Recovery proceedings under TNVAT - Revenue neither accepting nor rejecting the reply filed by the petitioner, passed a distraint order for recovery, without passing any order of assessment for the year in question. - Held that:- Admittedly, the provisional assessment order has been passed by the respondent, but the same has not been served on the petitioner. In such circumstances, the action of the respondent by issuing distraint order for recovery of .....

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th law, after issuing proper notice and after affording due opportunity of personal hearing to the petitioner. - Decided in favor of assessee. - W.P.No.29930 of 2015 and M.P.No.1 of 2015 - Dated:- 14-12-2015 - MR.JUSTICE R.MAHADEVAN For the Petitioner : Mr.R.Senniappan For the Respondent : Mr.S.Kanmani Annamalai, AGP JUDGEMENT By consent, the writ petition is taken up for final disposal. 2. Challenging the distraint order in Form No.I dated 15.09.2015 issued by the respondent, the petitioner has .....

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he balance tax of ₹ 1,64,710/-. On receipt of the same, the petitioner filed its detailed reply along with the supportive documents. The respondent neither accepting nor rejecting the reply filed by the petitioner, passed a distraint order for recovery, without passing any order of assessment for the year in question. Aggrieved against the same, the petitioner is before this court. 4. Learned counsel for the petitioner submitted that after completion of the assessment year, notice dated 01 .....

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