TMI Blog2022 (6) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions. The Circular bearing No.5/2021 also envisages a request of the assessee for cross examination of the third party dealer. It also provides for such an opportunity of cross examination to be granted suo motu, if the Assessing Authority believes that it would be so appropriate. The assessment will thereafter be concluded within a period of 180 days from date of issue of show cause notice. Let this procedure be followed in the present matters as well. Show cause notices, as indicated in the Circular will be issued to the petitioner within a period of four (4) weeks from today with all necessary enclosures - petition allowed. - W.P.Nos.11238, 11240, 11243, 11246, 11250 and 11253 of 2019 And WMP Nos.11604, 11607, 11608, 11611, 116 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... escapement of turnover/tax in its returns of income. The petitioner also sought the particulars relied upon by the authority, which, admittedly, have not been supplied to it. 5. In the impugned assessments, the Assessing Authority merely proceeds to confirm the proposals in the show cause notices denying the exemption claimed by the petitioner on the ground that no proof has been supplied by it in support of its claim. In denying the petitioner's claim, substantial reliance has been placed upon the details culled from the check posts as well as other materials in his possession. 6. The impugned assessments thus been, admittedly, been framed on the basis of mismatch of details as per the petitioner's returns as compared with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Madras in a batch of cases involving in denial of input tax credit or arising of tax liability due to purchase and sales suppression on the basis of the computer generated mismatch report from the Annexure and II of the returns of the purchaser vis-a-vis seller, has directed that the Commissioner of Commercial Taxes to evolve / devise a mechanism / procedure to exclusively deal with such cases (herein after called as mis-match) in a holistic manner and thus resolve / enable resolution of all such issues under TNVAT Act in its order 1 cited. 2. A review was filed against the orders of the Hon'ble High Court to devise the procedure to reconcile the mismatch. The Hon'ble High Court has dismissed the review application in its orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc... 2. The seller/purchaser reports the transaction in the manually filed original/revised return. 3. Purchaser reporting the transaction related to a Financial Year / Month in the subsequent Financial Year / Month 4. Difference noticed in data as per Annexures I and II between the actual reporting by the dealer in the TNVAT returns and data migrated in the TNCTD Portal 5. Seller/purchaser is unable to file returns due to cancellation of registration and the revision petition preferred by them is pending 6. The seller/purchaser fails to report the transactions and evades the payment of tax. 7. The transactions are fictitious and the input tax credit is passed on illegitimately by the bogus seller or by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to Other End Assessing Authority through email (zimbra mail) marking copy to concerned DC and JC and seek for the requisite details of verification. If on enquiry Original Assessing Authority is of the view buyer has made bogus claim / wrong claim, by being involved in bill trading by producing bogus invoice, etc., the buyer shall be assessed to tax/reversal of ITC, as the case may be, then the Original Assessing Authority shall pass appropriate orders in accordance with provisions of the TNVAT Act, 2006. 3.3.4 The Other End Assessing Authority shall verify the details provided to him / her with reference to the manually filed original / revised returns or by issuing show cause notice and calling for the details from the dealer. Afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 180 days. 3.3.6 The Territorial Deputy Commissioners shall oversee the work and ensure that the verification reports are promptly be sent and the cases are finalized without any undue delay. 4. In the cases where the seller has not filed returns, best of judgment assessment could be initiated under section 22(4) of the TNVAT Act 2006. Further in the cases for the assessment year upto 2013-14, where revision was already Initiated under section 27 of the TNVAT Act and covered within the purview of section 27(6), 27(7) and 27(8) further actions could be pursued. Only in such cases for the assessment year upto 2013-14 where notice is to be issued for first time may get time barred by limitation. In those cases revision need not be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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