TMI Blog2017 (11) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Assessing Officer. In an assessment proceedings, it is always open to the petitioner to raise all the issues, both factual and legal. The petitioner failed to do so. Taking note of the fact that the petitioner is a small dealer, this Court is inclined to give one more opportunity to the petitioner, however, subject to a condition that petitioner is directed to pay 15% of the disputed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner has not exhausted. An appeal, at this stage, would be clearly time barred. That apart, the petitioner did not care to respond to the revision notice issued by the respondent dated 12.8.2016. The respondent had given sufficient time and as the petitioner had not responded to the revision notice, the respondent passed the impugned order. Therefore, no fault can be attributed to the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther submitted that the respondents ought to have considered the fact that by omitting the Proviso and simultaneously substituting Section 19(2)(v), the reversal of the input tax credit cannot be reversed as assumed by the respondents. 5. In this regard, the learned counsel has referred to the decision of a learned Single Judge of this Court in the case of Sakthi Masala Private Limited Vs. AC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll the issues, both factual and legal. The petitioner failed to do so. One more aspect, which has to be borne in mind is that Section 19(2))(v) of the State Act was held to be unconstitutional by the decision of this Court in the case of Everest Industries Limited Vs. State of Tamil Nadu [reported in (2017) 100 VST 158]. As against the said decision, the State preferred an appeal in W.A.No.1260 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner to pay 15% of the disputed tax within a period of three weeks from the date of receipt of a copy of this order. If the petitioner complies with the said condition, they will be entitled to treat the impugned order as a show cause notice and submit their objections within a period of seven days therefrom. On receipt of the objections, the first respondent shall afford an opportunity of person ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
