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ANITA SUMANTH
Shree Ganesh Steel Rolling Mills Ltd. , Represented by its Director Ashok Kumar Saraf, Chennai – Appellant
Versus
Assistant Commissioner (ST)(FAC), Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorari, calling for the impugned proceedings of the 1st respondent in TIN:33911100056/2013-14 and quash the order dated 12.11.2018 insofar as the reversal of Input Tax Credit is concerned as passed contrary to the law laid down by the Hon'ble Madras High Court in the case of M/s.Sri Vinayaga Agencies reported in 60 VST 283 and by the Division Bench of the Madras High Court in the case of Tamil Nadu Vs Infiniti Wholesale Limited reported 99 VST 341 and also in violation of the principles of natural justice.)
1. The challenge in this matter is to an order of assessment passed under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (in short 'Act') dated 12.11.2018 for the period 2013-14.
2. An assessment has been framed pursuant to an inspection by the enforcement wing on 18.12.2013 wherein certain defects are alleged to have been noticed such as sales suppression based on the stock variation, sales omission for the month of October, 2013 and non-maintenance of movement register for inward and outward movement relating to the purchase/sales transaction.
3. At the time of
The Assessing Authority must consider all objections and the deviation proposal in a holistic perspective before passing a speaking order of assessment on the issue relating to the claim of input tax....
The main legal point established is that the Assessing Authority must follow the prescribed procedure for cross-verification of ITC claims as per Circular No.21 of 2021 and grant the petitioner an op....
The central legal point established in the judgment is the absolute right of manufacturers to avail Input Tax Credit (ITC) under Section 19(2)(v) of the Tamil Nadu Value Added Tax Act, 2006, and the ....
An assessment order may be set aside and remanded for reconsideration when the taxpayer has not been afforded a fair opportunity to substantiate claims with documentary evidence, particularly when a ....
The main legal point established in the judgment is the importance of complying with Circular No.5 of 2021 and awaiting pending decisions in related cases before completing assessments.
Assessment order quashed for non-consideration of reply and lack of reasons, violating natural justice.
The main legal point established in the judgment is the interpretation and application of the provisions of Section 18(1) of the Tamil Nadu Value Added Tax Act, 2006 and Section 5(1) and (3) of the C....
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