TMI Blog2021 (4) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... nd by no stretch of imagination, that can be added to the taxable turnover of the petitioner for the purpose of coming to the conclusion that the petitioner had wrongly availed ITC. Petition allowed. - W.P.(MD)No.20606 of 2014 And M.P.(MD)No.1 of 2014 - - - Dated:- 18-2-2021 - Honourable Mr.Justice G.R.Swaminathan For the Petitioner : M.Sudalaimuthu for Mr.S.Karunakar For the Respondent : Mr.S.Dhayalan Government Advocate ORDER Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 2.The petitioner is a dealer registered with the respondent. The subject matter pertains to the assessment year 2012-13. The petitioner was assessed on a total and taxa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere was a minor omission in the return filed by the petitioner. When the petitioner in his explanation has clearly and specifically pointed out that what is alleged to be suppressed is very much reflected in the report filed in Form WW, the question of suppression will not arise at all. In the impugned order, the assessing authority has clearly stated that the so called omission was not mentioned in the Form WW report. But the petitioner is sought to be penalized only for the sole reason that the omitted figures were not mentioned in the returns. 5.I am of the view that such a narrow approach ought not to be adopted. When all the details have been fully and correctly disclosed in Form WW report, mere omission to reflect the same in the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 19(20) of TNVAT Act, 2006, reads as follows:- 20.Not withstanding any thing contained in this Section, where any registered dealer has sold goods at a price lesser than the price of the goods purchased by him, the amount of the input tax credit over and above the input tax of those goods shall be reversed. 9.Rule 10(6)(b)(ii)(C) of Tamilnadu Value Added Tax Rules, 2006 as reads as follows:- Wherever any credit notes are to be issued for discount or sales incentives by any dealer to another dealer after issuing tax invoices, the selling dealer shall pass a credit note without disturbing the tax component on the price in the original tax invoice, so as to retain the quantum of input tax credit already claimed by the buying de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purchasing dealer. Whether one of the components of the purchase price goes to the coffers of the seller or not will not cease to be so if it is necessary for completing the same. Thus the total amount of consideration for the purchase of goods would include the price strictly so called and also other amounts which are payable by the purchaser or which represent the expenses required for completing the sale as, the seller would ordinarily include all of them in the price at which he would sell his goods. But if the sale price is fixed statutorily then the only obligation of the purchaser under the agreement would be to pay that price only and no other amount can be included in the purchase price even if the same is paid by the purchaser t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half of the purchasers, but is paid by the Government of India for different reasons and under its own scheme and after a budgetary allocation. As we have already observed, the scheme of payment postulates the right of the appellant to receive the subsidy on its clearance from the factory and not necessarily after the sale of fertiliser. Even before the sale of fertiliser, the right to receive the subsidy arises and under the circumstances, it cannot be said that subsidy would form part of the sale price or turnover of the appellant. 12. I have considered the impugned order and the notices pursuant to which the impugned order came to be passed. There is no dispute that the Petitioner is a dealer in motor cars and had received trade disc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
