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2016 (11) TMI 672 - MADRAS HIGH COURT

2016 (11) TMI 672 - MADRAS HIGH COURT - TMI - Reversal of ITC - opportunity of being heard - Held that: - One important point which has been lost sight of by the respondent is that Section 9 deals with levy and collection of tax and penalties which is in effect enabling provision and sub-section 2 states that the authorities exercising power under the State law will be entitled to exercise the power under the CST Act. However, that does not mean that the reversal should take place under the CST .....

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ertain "C" forms. That apart, if the respondent had accepted few "C" forms and sought to not extend the benefit of concessional rate of tax in respect of certain transactions for non-production of "C" forms and ultimately resulting in reversal of Input Tax Credit, the respondent should have issued show-cause notice - the Assessment Proceedings have to be re-done in accordance with law - petition allowed. - W.P.No.23075 of 2016 & W.M.P.No.19765 of 2016 - Dated:- 2-11-2016 - T. S. Sivagnanam, J. F .....

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ter referred as "CST Act"), has filed this Writ Petition, challenging the order of assessment passed under the CST Act, for the year 2014-15, dated 09.05.2016. 3. Two grounds have been raised by the petitioner. Firstly, though in the pre-revision notice dated 06.08.2015, the respondent proposed to reverse the ITC, he did not specifically state that the reversal has to be done under the provisions of the TNVAT Act. But, while completing the assessment, after receiving the "C" .....

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ns of the TNVAT Act, relating to the assessment, re-assessment, collection and enforcement of payment of tax shall apply to CST Act, which includes the power to reverse the ITC under Section 19(2)(v) and 19(5)(c) of TNVAT Act. Therefore, the respondent would justify the impugned order. 5. One important point which has been lost sight of by the respondent is that Section 9 deals with levy and collection of tax and penalties which is in effect enabling provision and sub-section 2 states that the a .....

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