TMI Blog2020 (9) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... issue set aside. Independent application of mind on the part of Assessing Officer - HELD THAT:- This Court, in a batch of Writ Petitions in the case of TVL. TARUN CREATION VERSUS THE COMMERCIAL TAX OFFICER, TIRUPUR. [ 2020 (8) TMI 689 - MADRAS HGIH COURT] had held that the Assessing Officer cannot be solely guided by the proposal given by the Enforcement Wing Officers and that the Assessing Officer has to independently consider the same, without being influenced by such proposals of the higher officials - Some of the decisions in which similar views have been taken are in the cases of MADRAS GRANITES (P) LTD. VERSUS COMMERCIAL TAX OFFICER, ARISIPALAYAM CIRCLE, SALAM AND ANOTHER [ 2002 (10) TMI 767 - MADRAS HIGH COURT] and NARASUS RO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been assessed for the respective years. Subsequently, the Enforcement Officers of the Commercial Tax Department had conducted inspection and VAT Audit and during the course of the audit, the defects with regard to mismatch in their returns vis-a-vis the other dealers was notice and accordingly, the impugned assessment orders came to be passed. The assessment orders in all these Writ Petitions are liable to be set aside on two grounds. 3. Firstly, in the case of JKM Graphics Solutions Private Limited Vs. Commercial Tax Officer, Vepery Assessment Circle, Chennai reported in 2017 (99) VST 343 (Mad), this Court had considered the claim of the dealers in connection with Input Tax Credit reversal on an alleged mismatch between their return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons, etc. However, this court cannot legislate nor direct the State to legislate in a particular passion and it is for the state to bring about and appropriate rules and set procedures so that when discrepancy is noted while comparing the return with that of the figures available with the Department in their web portal, there should be an exercise carried out by the Department within its level before calling upon the dealer to show cause. This can be achieved only if there is a centralised mechanism and if the present practice is allowed to prevail, it would only result in multiplicity of proceedings with more number of cases pending before the courts and appellate forums, thus jeopardizing the interest of revenue. Therefore, it is hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cases of mismatch and while doing so, the Principal Commissioner shall take note of the procedures adopted by the other States, more particularly, in Maharashtra, Gujarat and Delhi and if any statutory amendments have to be made, make appropriate recommendations to the State Government, and till then to devise a procedure which is fair and reasonable and afford an opportunity to the dealer to put forth his case and establish that he is entitled to the concession/set-off availed. Since these writ petitions have been allowed and the impugned orders have been set aside and the matters have been remanded for fresh consideration the petitioners/dealers are not entitled to raise a plea of limitation, when fresh show cause notices are issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority is of the view that the Audit report or Inspection proposals received from Enforcement wing or proposals received from ISIC are not in conformity with the Law or the established principles set by various higher judicial Forums and if he wishes to deviate from the proposals either partly or wholly, he himself can finalize the assessment or revision of assessment without seeking approval from the Enforcement Wing/ISIC Authorities who had approved the proposals, and reasons for the same to be recorded. Thus, the Circular has empowered the Assessing Officers to henceforth independently deal with the assessment without being influenced by the proposals of the higher officials. 7. In view of Circular No.3 dated 18.01.2019 issued b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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