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M/s. Sri Gayathri Enterprises Versus The Assistant Commissioner (CT)

Demand of VAT - reversal of Input tax credit (ITC) - assessment, pertaining to 'Invisible Loss' during manufacturing activity - Held that:- matters are remanded to the respondent for fresh consideration, who shall cause inspection of the petitioner's Factory and ascertain the manufacturing process, and during the course of such inspection, the petitioner is directed to furnish details of the manufacturing process, and thereafter, the respondent shall ascertain as to the quantum of manufacturing .....

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Since the issue involved in these Writ Petitions is identical in nature, and the parties are one and the same, these Writ Petitions have been taken up together, and disposed of by this common order. 2. Heard Mr.Mr.V.Srikanth, for Mr.C.Venkatraman, learned counsel appearing for the petitioner, and Mr.S.Kanmani Annamalai and learned counsel accepting notice for the respondent. With the consent on either side, the Writ Petitions are taken up for final disposal. 3. The petitioner is a registered de .....

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ion, dated 06.09.2014, the respondent, without affording such opportunity, has finalized the assessment for the relevant years. Secondly, it is contended that, with regard to the assessment, pertaining to 'Invisible Loss', it is submitted that the same has been done in an ad hoc manner, which was not approved by this Court, in the case of (Interfit Techno Products Ltd., Vs. Principal Secretary/Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai and another) reported in 2015 81 .....

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to them for providing the same before final orders have been passed. When such request has been made by the dealer, the Authority ought to have afforded an opportunity of personal hearing to the dealer/petitioner. In fact, this Court has held in several decisions that, when factual issues are involved, opportunity of personal hearing should be granted, so as to enable the Assessing Officer to come to a proper conclusion after perusing the documents placed by the dealer. Therefore, failure to af .....

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nged and the dealers were called upon to reverse the input tax credit availed to that extent. This was deprecated by this Court, and it was held that the Assessing Officers are not justified in adopting uniform percentage as invisible loss, and calling upon the dealer to reverse the input tax credit availed to that extent. Therefore, the impugned notices therein for re-opening, and the consequential orders passed by the respective Assessing Officer, reversing the input tax credit to the extent o .....

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