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TMI Blog2022 (12) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... the periods 2014-15 and 2015-16. 3. One of the major issue arises in this matters relates to reversal of Input Tax Credit (ITC) on the ground that it is a mismatch of particulars set out in the annexures accompanying the petitioner's returns and the other dealers' returns of turnover. 4. Learned Government Advocate would fairly accede to the position that the Assessing Authority has not followed the procedure dealing with mismatch as set out by the Principal Secretary/Commissioner, Commercial Taxes in Circular No.5 of 2020-2021 dated 24.02.2021. 5. Paragraph 3 of the Circular, which stipulates the procedure to be followed in the case of mismatch, reads as follows: "Circular No.5/2021 LW10/12521/2016 Office of the Principal S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rting / Non reporting of TIN, invoice number, date, category https://www.mhc.tn.gov.in/judis of transaction, 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 fict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Authority finds that the sing has effected the transaction shall make a request 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue of show cause notice till final order may be completed within a period 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. 6. In light of the aforesaid, I find merit in the challenge to the impugned orders of assessment and hence the same are set aside. 7. Yet another issue that arises relates to non-maintenance of books of accounts. According to the petitioner, this issue has been explained before the Assessing Authority who was not taken proper note of the same. Insofar as the larger issue is set aside, this issue is also set aside. 8. The petitioner shall be called upon by issuance of notic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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