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TMI Blog2022 (11) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... k adjournment to file an affidavit from the petitioner, who volunteers to make a remittance of a portion of the disputed tax, i.e., 15%. ........... 3. Today, an affidavit dated 11.10.2022 has been filed by the petitioner reiterating her request to consider setting aside of the assessment order and volunteering payment of 15% of the disputed tax within the time to be fixed by this Court. 4. Learned Government Advocate would have no objection to the request made. 5. Hence, a period of four (4) weeks from today is granted to the petitioner to pay the 15% of the disputed tax as volunteered. Upon payment thereof, the impugned order of assessment shall stand set aside. 6. The issue of mismatch has long plagued assessees and the Commercial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olve / 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 order 2 cited with a direction to take earnest steps to resolve the mismatch issue and also directed to verify the details available in the departmental website to reconcile the mismatch and when it is not possible reconcile, then the dealer may be put to notice and in such circumstances conciliatory approach shall be taken. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 buyer himself by manipulating the records, including misuse of TIN of registered dealer. 8. Circular transactions. 3.3 Procedure to be followed in the cases of Mis-match 3.3.1 The assessing authority who has raised the dispute of mismatch (herein after called as Original Assessing Authority) shall list out all such pending mismatch cases in respect of his/her assessment circle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. After the receipt of reply and after due enquiry, the Other End Assessing Authority finds that the seller has reported the transaction and paid the tax due shall report the same to original Assessing authority and both of them shall drop further proceedings and on the other hand that if the whole or part of the transactions are not reported by the seller, then shall initiate assessment proceedings agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re 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 resorted to and such cases may be reported to Joint Commissioner concerned to ensure whether limitation apply to such cases and decide accordingly. 5. In the cases where the claim of ITC is bogus made without any transfer of goods and such claim of ITC is circularly connected among several dealer, such cases may be referred to Commissioner of Commercial taxes to appoint a particular Assessing Authority to e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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