9911796707
TMI Blog2018 (10) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... utiny of the returns, the respondent had issued notice dated 14.09.2010 proposing to assess the entire sales of Rs. 70,69,232/- at Rs. 12.5% for the year 2007-08 and to fix an output tax of Rs. 8,83,654/-. After receipt of notice, the petitioner requested time to file reply, vide his letter dated 05.10.2010. But, without considering the same and without providing an opportunity of personal hearing, the respondent has hurriedly passed the impugned order, dated 07.10.2010, conforming the proposal. Challenging the said order, the petitioner is before this Court. 2. The learned counsel appearing for the petitioner would submit that the petitioner effected second and subsequent sales of goods purchased from registered dealers within the State a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2007 and at 4% for the sales from 14.12.2007 to 31.03.2008 for the subsequent period after reaching Rs. 50 lakhs. But the respondent has erroneously assessed 12.5% for the total turnover. Thus, he prayed to allow this writ petition. 3. Per contra, the learned Additional Government Pleader appearing for the respondent would submit that as per the substitution made to Section 3(4) of the TNVAT Act, the petitioner is under obligation to inform the assessing Authority in writing within 7 days from the date on which the turn over reached Rupees Fifty Lakhs ie. from 14.12.2007 and admittedly, he did not inform the same within the time stipulated and continue to file the monthly returns only in Form-K and thereby, he lost the chance of Input Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Such option shall be exercised by the dealer within 30 days from the date of commencement of this Act: Provided that such dealer shall not collect any amount by way of tax or purporting to be by way of tax. Provided further that such dealer shall not be entitled to Input Tax Credit on goods purchased by him: Provided also that the dealer who purchased goods from such dealer shall not be entitled to Input Tax Credit on the goods purchased by him." 7. By the Tamil Nadu Ordinance No.1 of 2008, dated 17.06.2008, with effect from 18.06.2008, Section 3(4) of the Act was amended as follows: 3(4)(a)Notwithstanding anything contained in sub-section (2), but subject to the provisions of sub-section (1), every dealer, who effects second and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on all his sales of rupees fifty lakhs and above] and he is entitled to the Input Tax Credit on the purchases made from the date, and on the stock available with him the purchases of which he has been made within ninety days before the date, on which such turnover has reached rupees fifty lakhs: Provided that such dealer whose turnover has reached rupees fifty lakhs during the previous year shall not be entitled to exercise such option for subsequent years." 8. From the above, it is very clear that as per the amendment, on exceeding the sales turnover of Rs. 50 lakhs, it has to be intimated to the respondent in writing within seven days from the date on which such has so reached and such dealer has to pay tax under Sub-Section (2) on al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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