TMI Blog2017 (1) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... ely because, the selling dealer does not report the same. If, the Revenue find any discrepancy, it will have to be put to the petitioner and, only if, the purchasing dealer is unable to satisfy the Revenue, as regards the genuineness of the transaction, can any adverse orders be passed against the concerned dealer - reversal of credit not justified - petition allowed - decided in favor of assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ility in the sum of ₹ 11,85,838/- has been imposed along with penalty, in the sum of ₹ 4,497/-. The penalty has been imposed under Section 27(4) of the Tamil Nadu Value Added Tax Act, 2006 ( in short 'the 2006 Act'). 3. The facts, which are required to be noted to adjudicate upon the Writ Petition, are, broadly, as follows: 3.1. The petitioner, apparently, in the course o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod. All notices were dated 12.01.2016. The petitioner avers that two (2) replies were filed qua each of the five (5) assessment years. The first reply is dated 25.01.2016, followed by a reply dated 11.03.2016. 3.4. It is the petitioner's case that all original invoices pertaining to the purchases made from dealers, who had not shown the corresponding sales in their returns, were produced. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nai and another - [2013] 60 VST 283 (Mad) ii) The Assistant Commissioner (CT) V. M/s.Althaf Shoes (P) Limited, passed in W.A.Nos.1367 and 1368 of 2016, dated 10.11.2016. and iii) Infiniti Wholesale Limited (formerly known as Woolworths Wholesale (India) Private Limited) V. Assistant Commissioner (CT) - [2015] 82 VST 457 4.2. Furthermore, counsel for the petitioner informs me that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner and, only if, the purchasing dealer is unable to satisfy the Revenue, as regards the genuineness of the transaction, can any adverse orders be passed against the concerned dealer. 8. In these circumstances, the impugned order is set aside. 8.1. It is, however, made clear, that the respondent will be at liberty to redo the assessment after affording due opportunity to the petitioner. If ..... X X X X Extracts X X X X X X X X Extracts X X X X
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