9911796707
TMI Blog2016 (12) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... admittedly, as on date the year is over and therefore, this Court is inclined to dispose of the main Writ Petition itself. 2 (i) The petitioner is a registered dealer on the file of the respondent under the provisions of the Tamil Nadu Value Added Tax Act, 2006 [TNVAT Act] and Central Sales Tax Act, 1956 [CST Act] and they are engaged in the business of trading in Laptop, Desktop, Mobile phones and Servers and its parts. During the assessment year 2015-16, the petitioner has effected imports of Laptops, Desktops, etc. and sold the goods locally inside the State of Tamil Nadu upon payment of applicable tax under the TNVAT Act. Some of the goods are said to have been sold as Interstate sale by the petitioner from the State of Tam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons, which according to the petitioner has been fully furnished. It appears that certain transactions done by the petitioner was pointed out and in respect of one such transaction, the petitioner paid a sum of Rs. 3,43,47,133/- relating to excess Input Tax Credit availed along with interest of Rs. 10,21,828/-. It is thereafter, the petitioner was served with a notice dated 31.03.2016. In response to the same, the petitioner submitted a reply through E-Mail on 07.04.2016, explaining the basis for their bona fide error committed by them, while availing excess ITC. Thereafter, the petitioner submitted letters dated 3.6.2016 & 21.06.2016, to the Officers of the Enforcement Wing, which was followed by a statement given by the authorised signator ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in W.P.No.1663 of 2015 dated 28.01.2015 [ALD Automotive Private Limited, rep. by its Executive, Taxation Vs. The Assessment Commissioner (CT), Vadapalani Assessment Circle]. 5. I have heard Mr.K.Venkatesh, learned Government Advocate on the above submissions. 6. On a perusal of the notice dated 20.07.2016, as well as the impugned order dated 25.10.2016, it is evident that the assessment was upto December 2015 for the assessment year 2015-16. The said year was admittedly over as on 31.03.2016. The Hon'ble Division Bench of this Court in the case of M/s Jothi Melters (India) Pvt.Ltd.,(supra) has considered an identical question, wherein the Court took into consideration the decision of the Hon'ble Bench in State of Tamil Nadu V. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, the learned Special Government Pleader (Taxes) leaves it to the Court to pass appropriate orders. 6. Having noted the submissions of the learned senior counsel appearing on behalf of the appellant which are based on the two Division Bench judgments and wherein the proposition of law is also very clear, we allow both these appeals by quashing and setting aside the order passed by the learned single Judge in the two writ petitions as well as the provisional order of assessment dated 15.6.2009. It will be open to the Assessing Officer to pass the final assessment order after hearing the appellant-assessee. The learned senior counsel appearing for the appellant assures that the appellant will extend its full co-operation to the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and verified by the Accountant to the Assessing Officer, within the period as prescribed. Rule 16-A of the Tamil Nadu Value Added Tax Rules, 2007 [TNVAT Rules] prescribes the procedure for filing Audit Report and sub-rule (1) of Rule 16-A of the TNVAT Rules states that every registered dealer liable to get his accounts audited as per sub-section (1) of section 63-A, shall furnish the audit report in Form-WW, within nine months from the end of the year in duplicate. 9. Thus, the petitioner's turnover having exceeded Rupees One Crore, they are required to file the Audit Report and they have got time to file the Audit Report i.e. within nine months from the end of the financial year and the end of the financial year was 31.03.2016. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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