9911796707
TMI Blog2017 (7) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... dded Tax Act, 2006 (TNVAT Act) and the Central Sales Tax Act, 1956, (CST Act). The petitioner has filed this Writ Petition challenging the assessment orders passed by the respondent dated 30.11.2016 for the assessment years, 2011-12 to 2015-16, insofar as it relates to the disallowance of input tax credit on capital goods and penalty imposed thereon. On 05.03.2016, a tax audit was conducted and the following objections were raised namely:- (i) belated payment of monthly tax both under TNVAT and CST for the Assessment Year 2011-12 to 2015-16 for which the total interest liability worked out to Rs. 52,659/-. (ii) liability towards ITC reversal on purchase effected from Registration Certificate Cancelled Dealers, amounting to Rs. 3815/- toge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the same before the Audit officials and stated that they will revert back and after obtaining the legal opinion. Pursuant to the tax audit, the respondent/Assessing Officer, issued show cause notice, dated 20.09.2016 for all the five assessment years and called upon the petitioner to submit their objection as to why input tax credit should not be denied on the ineligible capital goods. The petitioner was granted 15 days' time to submit their objection. On receipt of the notice, the petitioner sent a letter to the respondent, dated 27.10.2016, requesting time till December 2016. The respondent granted time upto 25.11.2016 and also afforded an opportunity of personal hearing. The petitioner did not submit their objections nor availed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner was not justified in seeking for two months further time. Therefore, this Court is satisfied that this is not a case, where there is violation of principles of natural justice, but a case, where the petitioner failed to avail the opportunity granted to him. Therefore, this Court is not inclined to set aside the impugned assessment orders. 6. Considering the submissions of the learned counsel for the petitioner that if one more opportunity is granted to the petitioner to establish their case before the Assessing Officer, they will be able to produce the documents and other proof to show that the goods qualify for availment of input tax credit, this Court is inclined to grant one more opportunity, but subject to certain conditions. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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