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2017 (7) TMI 506 - MADRAS HIGH COURT

2017 (7) TMI 506 - MADRAS HIGH COURT - TMI - Validity of assessment order - rejection of application u/s 84 of the TNVAT Act, 2006 - petitioner have not filed monthly returns and not reported the transactions, which were reflected in the audit slips - Held that: - Till date, none of these Authorities have initiated any action in respect of the huge transactions, having effected in the Bank accounts standing in the name of the petitioner. Therefore, it may be true that the audit could give a caus .....

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d by way of remand. - Writ Petition Nos. 42574 and 42575 of 2016 W.M.P. Nos. 36509 and 36510 of 2016 - Dated:- 4-7-2017 - T. S. Sivagnanam, J. For the Petitioner : Mr. P. Rajkumar For the Respondent : Mr. K. Venkatesh ORDER Heard Mr.P.Rajkumar, the learned counsel appearing for the petitioner, Mr.K.Venkatesh, the learned Government Advocate for the first respondent, and Mr.A.P.Srinivas, learned Senior Standing Counsel for the second respondent. With the consent of either side, the Writ Petitions .....

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espondent, under the provisions of TNVAT Act. Having obtained such registration in the year, 2006, the petitioner is stated to be a dealer in stationery items and cell phone accessories, and claims that, they are small time dealer. The Audit Authorities of the respondent/Department appeared to have issued 2 audit slips during November, 2012 and July 2013, informing the first respondent/Assessing Officer that high value transactions have been effected by the petitioner, as the petitioner's TI .....

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were reflected in the audit slips. The petitioner did not submit their objection, resulting in assessment being completed ex parte for both the assessment years 2010-11 and 2011-12. iii) According to the petitioner, they are small time dealer, and it is the misuse of the name of their Concern, TIN number and PAN number, and they have not effected any such high transactions, as alleged in the audit slips. Therefore, the petitioner sought for information under the Right to Information Act (RTI), .....

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horities, one of the Bank, where, the transaction was said to have taken place, and it appears that the statement has also been recorded from the petitioner by the Income Tax Department, and with all these facts, submitted applications under Section 84 of the TNVAT Act before the first respondent/Assessing Officer seeking rectification of the assessment orders. iv) It was pointed out in the Petitions that, except, for the audit report, there is no other incriminating evidence, supporting the all .....

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import purchases, and the enquiry conducted by the Deputy Director of Income Tax Department (Investigation), in relation to the said imports revealed that the petitioner has not involved in huge transactions, in any manner. Therefore, requested the first respondent to conduct necessary enquiries with the Customs Department, Income Tax Department and three Banks, i) Kotak Mahindra Bank, Mylapore, ii) Standard Chartered Bank, Rajaji Salai, and iii) DCB Bank, Broadway, in which, the accounts have .....

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rusing the materials on record, including the elaborate counter affidavit filed by the first respondent, it is seen that the materials available with the respondent/Department to issue show cause notice for the assessment year 2010-11, dated 21.03.2013, is the audit slip, dated 26.11.2012. Similarly, the materials available for issuance of show cause notice for the assessment year 2011-12, dated 24.12.2013, is the audit slip, dated 10.07.2013. When the petitioner's case is that, they have no .....

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epartment and the aforesaid three Banks. Till date, none of these Authorities have initiated any action in respect of the huge transactions, having effected in the Bank accounts standing in the name of the petitioner. Therefore, it may be true that the audit could give a cause to commence the proceedings, but before issuing a show cause notice to the dealer, the Assessing Officer should have sufficient material to connect the petitioner to that of the transactions, especially, in the light of th .....

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