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M/s George Enterprises Versus The Assistant Commissioner (CT)

2016 (11) TMI 84 - MADRAS HIGH COURT

Validity of order of assessment - TNVAT Act - Section 19(20) of the TNVAT Act - opportunity of being heard - Held that: - reliance placed on the decision of Jayam & Co. Versus Assistant Commissioner & Anr. [2016 (9) TMI 408 - SUPREME COURT] where it was upholding the vires of Section 19(20) of the Tamil Nadu Value Added Tax Act, 2006, has held that it can be given only prospective effect and not retrospective effect from January 2007 - the only issue involved in the impugned assessment orders is .....

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For the Petitioner : Mr. P. V. Sudakar For the Respondent : Mr. S. Kanmani Annamalai, A.G.P. ORDER Heard Mr.P.V.Sudakar, the learned counsel for the petitioner and Mr.S.Kanmani Annamalai, the learned Additional Government Pleader, appearing for the respondent. 2. In these Writ Petitions, the petitioner, who is a registered dealer on the file of the respondent under the provisions of the Tamil Nadu Value Added Tax Act, 2006 and the Central Sales Tax Act, has challenged the orders of assessments .....

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essment are speaking orders and reasons have been assigned therein. 4. In the grounds raised in the Writ Petitions, apart from stating the legal provisions, more particularly with reference to Section 19(20) of the TNVAT Act, the petitioner would state that the assessing officer failed to note that the petitioner's selling price for all the goods purchased from the respective vendors (who have issued the credit not for discount as above) is more than the price charged by the vendors for the .....

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and that they are not liable for tax. However, the petitioner would contend that method and manner of giving discount is relevant in deciding the claim of nature of discount. 5. It is seen that the Hon'ble Supreme Court in Jayam & Co. vs. Assistant Commissioner and another (Civil Appeal Nos.8070-8073 of 2016), dated 05.08.2016, while upholding the vires of Section 19(20) of the Tamil Nadu Value Added Tax Act, 2006, has held that it can be given only prospective effect and not retrospecti .....

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ion 19 is altogether new provision introduced for determining the input tax in specified situation, i.e., where goods are sold at a lesser price than the purchase price of goods. The manner of calculation of the ITC was entirely different before this amendment. In the example, which has been given by us in the earlier part of the judgement, 'dealer' was entitled to ITC of ₹ 10/- on re-sale, which was paid by the dealer as VAT while purchasing the goods from the vendors. However, in .....

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