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2019 (8) TMI 662

..... ty - deemed assessment u/s 22(2) of TNVAT Act - Assessment Year 2015-2016 - HELD THAT:- Revenue submitted that in the facts and circumstances of the instant case, adjustment sought for by the writ petitioner is permissible but subject to quantification / verification as adumbrated in Rule 121 of 'Tamil Nadu Goods and Services Tax Rules, 2017 If that be the case, the aforesaid verification process has to be completed and the outcome of the verification process will obviously impact the impugned order being given effect to. To be noted, as already mentioned above, writ petitioner accepts tax liability under the impugned order and what is put in issue in the instant writ petition is only the adjustment plea - the respondent shall do the ve .....

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..... or brevity]. Writ petitioner was filing monthly returns under Section 21 and there was deemed assessment under Section 22(2) of TNVAT Act. 5. When things stood as above, it is the case of the writ petitioner that writ petitioner resorted to transition / migration of 'Input Tax Credit' ['ITC' for brevity] under TNVAT Act, into the GST Regime by resorting to Section 140 of 'Tamil Nadu Goods and Services Tax Act, 2017' ['TNGST Act' for brevity]. Though according to e-Return filed under TNVAT Act on 20.07.2017, the writ petitioner verily believed that it had ITC to the tune of ₹ 2,14,79,109/- (little over 2.14 crores), it later realized that it does not have the requisite Forms to support this and therefore .....

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..... rt of the aforesaid little over 1.76 crores ITC that was given up towards this liability has not been acceded to. 8. Respondent has filed a counter affidavit and Revenue counsel adverting to the counter affidavit submits that ITC sought to be made subject matter of migration by writ petitioner by filing Tran-1 is provisional and in this regard, Section 19(16) of TNVAT Act is pressed into service. 9. Learned counsel for writ petitioner submits that as far as the quantification of tax vide the impugned order namely little over 13.92 lakhs is concerned, there is no disputation. It is submitted that the disputation is only with regard to the respondent not acceding to the writ petitioner's request to adjust part of little over 1.76 crores I .....

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