TMI Blog2016 (4) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... ed:- 29-10-2015 - MR. R.SUBBIAH, J For the Petitioner : Ms. R. Hemalatha For the Respondents : Mr.R.Rajakarthikeyan Government Advocate ORDER The Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records on the file of the first respondent in VAT Cell/Roc.No.37188/2011/Circular No.22/2011 dated 20.10.2011, quash the same. 2. The subject matter in this Writ Petition is related to payment of VAT on the invisible loss of yarn pursuant to manufacturing activity. The said issue has been decided by this Court in a batch of Writ Petitions in W.P.Nos.13901,30852 to 30880 of 2013 in the case of ?Interfit Techno Products Ltd., Vs. The Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erty by the Honourable Division Bench to make a demonstration before the concerned assessing officer. It is not known as to why they did not avail such opportunity which should have been availed as it is the appropriate method for ascertaining as to whether on facts there is a process loss or a manufacture loss. Therefore, the decision does not render support to the case of the petitioner. ........... 63.In the result, 1.the challenge to the impugned order is held to be unnecessary since the circular is a non-statutory circular and is in the nature of guideline and the prayer for quashing the circular is rejected. 2.Section 18 of the TNVAT Act is not an independent or a separate stand alone provision under the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtent of either 4% or 5% or on adhoc per centage stands set aside. However, liberty is granted to the concerned Assessing Officer to issue appropriate show cause notices to the petitioners clearly setting out under what circumstances they propose to revise or call upon the petitioner to reverse refund sanctioned and after inviting objections proceed in accordance with law. 5.The undertaking given by the dealer in Form W is with regard to information furnished for the purpose of verification by Assessing Officer under Rule 11(2) of the VAT Rules for being entitled to refund under Section 18(2). Therefore, it is not as if the Act does not provide a remedy in the event of a wrong or erroneous refund sanctioned when Section 18 cannot be t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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