Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s Madan Agencies rep. by its Proprietor-J. Sumathikumar Versus The Assistant Commissioner (CT) FAC) Vellore (Rural) , Vellore.

Rejection of input tax credit claim - imposition of penalty - section 27(4)(ii) of the Act - dealer in general goods - opportunity of being heard - Held that: - so long as the vendor was not found to be a registered dealer on the files of the Department, the claim of the dealer for refund could not be rejected not delayed. The issue decided in the case ALTHAF SHOES (P) LTD., v. ASSISTANT COMMISSIONER (CT), VALLUVARKOTTAM ASSESSMENT CIRCLE, CHENNAI-6 [2011 (10) TMI 567 - Madras High Court]. It is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in favor of petitioner. - W.P.No.10169 of 2014 & MP No.2 of 2014 - Dated:- 22-7-2016 - MR.JUSTICE T.S.SIVAGNANAM For the Petitioner : Mrs.R. Hemalatha For the Respondent : Mr. Kanmani Annamalai Addl. Government Pleader O R D E R Heard Mrs.R.Hemalatha, learned counsel for the petitioner and Mr.Kanmani Annamalai, learned Additional Government Pleader appearing for the respondent. With the consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for final dispo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

18/-. 3.The respondent issued a notice dated 22.08.2013, stating that on verification of the monthly returns, it was found that the Input Tax Credit amount claimed has not reached the Government Exchequer, as the purchases were not reported by their seller. Therefore, the respondent proposes to reverse the availment of Input Tax Credit, apart from proposing to levy penalty. 4. The petitioner submitted their objections on 21.09.2013, stating that they have claimed all input tax credit, according .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t was found that dealers TIN Numbers were not specified in the invoices. Thus, in the absence of proof of payment of tax at other end, incorrect invoice copies, the objection raised by the petitioner was rejected and proposal in the pre-revision invoice was confirmed. The respondent also levied penalty under section 27(4)(ii) of the Act. 6. In the counter affidavit filed by the respondent, the stand taken in the impugned order has been reiterated, apart from mentioning the facts relating to the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e books of accounts and other details and thereafter frame the assessment. The process of assessment has to be done with dialog and discussion. The Assessment Officer has adopted a summary procedure treating the assessee as an adversary. If such exercise had been done, this Writ Petition itself could have been avoided and the appropriate revenue which the Government is entitled to could have been arrived at. However, on account of improper procedure, having been adopted by the Assessing Officer, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dealer had complied with the requirements as given under rule 10(2), the claim of the purchasing dealer could not be denied by the Department. Further, the Court took into consideration, the Circular issued by the Commissioner which clearly stated that so long as the vendor was not found to be a registered dealer on the files of the Department, the claim of the dealer for refund could not be rejected not delayed. Further, it was pointed out that the mere fact that the Department had not made an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version