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TMI Blog2023 (3) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... detailed submissions of Ms.R.Hemalatha, learned counsel for the petitioner in all matters and Mr.Prashanth Kiran, learned Government Advocate for the Commercial Taxes Department. 2. Both learned counsel concur on the position that the issue arising in these matters relates to (i) the disallowance of Input Tax Credit (ITC) arising out of the alleged mismatch between the returns filed by the petitioners when compared with the returns and annexures filed by the purchasing / selling third party dealers and (ii) reversal of ITC on the allegations that there has been no actual movement of goods qua the transactions in question. 3. In regard to the first issue a Bench of this Court in the case of M/s.JKM Graphics Solutions Private Limited v Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. 3.3.3 If the Original Assessing Authority is unable to resolve either the whole or part of the mismatch, then the Original Assessing Authority shall issue notice to the dealer concerned indicating the discrepancy with an opportunity to show cause to reconcile the same. After the receipt of reply and after due enquiry, the Original Assessing Authority finds that the seller has effected the transaction shall make a request to Other End Assessing Authority through email (zimbra mail) marking copy to the 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., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee or suo motu, the Assessing Authority can summon the other end dealer and on request, a cross examination may be provided to the assessee if such dealer is available. However, if the dealer is non-existent the Assessing Officer may proceed to make an assessment on the basis of material on record in accordance with law. The entire process involving issue 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." 5. The second issue relating to movement of goods has been the subject-matter of detailed deliberations in a batch o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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