9911796707
TMI Blog2016 (11) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... in TIN No.33415120787/2008-09, dated 25.05.2016, in and by which, the said Authority by over-ruling the objections given by the petitioner relating to the taxable turnover of the year 2008-2009, under TNVAT Act, reversed the ITC and thereafter, called upon the petitioner to pay a sum of Rs. 4,06,782/- with the penalty of Rs. 9869/- under Section 27(3) and one another penalty of Rs. 96,227/- under Section 27(4) of the TNVAT Act. 3. It is the case of the petitioner, a Dealer in cotton seeds, during the process of ginning the Cotton Kappas, the petitioner suffered an invisible loss, which is not liable to be reversed as per Section 19(9)(iii) of the TNVAT Act. As per Section 19(9)(iii)of the Act, no input tax credit shall be available to a re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the office at 28.01.2016. Further, the order does not reflect application of mind by the authority to reach the conclusion for reversal of the ITC and also for levying penalty under Sections 27(3) and 27(4) of the TANVAT Act. Hence, it is prayed that the impugned order may have to be set aside. 4. Heard both sides and perused the records. 5. Mr.R.Karthikeyan, learned Additional Government Pleader, who takes notice for the respondents, although supported and admitted that the impugned order, in regard to the conclusion reached by the Commercial Tax Officer, Theni-II, in the impugned final assessment order, is not able to show any line of reason as to how the petitioner deserved the reversal of ITC and also how the petitioner has committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned order is also liable to be set aside. Accordingly the impugned order is set aside and the matter is remitted back to the file of Commercial Tax Officer, Theni-II Assessment Circle. 9.Coming to W.P.(MD).No.11913 of 2016, Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the respondents objecting to the prayer of the petitioner for quashing the entire impugned proceedings therein, submitted that although the petitioner has challenged the sale suppression, when he was called upon to submit a detailed reply and objection with regard to the reversal of waste sale and purchase tax, no challenge has been made to the same. Therefore, the petitioner may be instructed to file an appeal with regard to the reversal of ITC and p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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