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ANITA SUMANTH
CBC Fashions (Asia) Private Limited, Rep. By its Managing Director– T. R. Vijayakumar, Tirupur – Appellant
Versus
Assistant Commissioner [ST] [FAC] Bazaar Circle, Tirupur – Respondent
JUDGMENT
(Prayer in W.P.No.14783 of 2020: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records on the file of the respondent in his impugned proceedings made in TIN.33492425404/2008-09 dated 19.08.2020 quash the same as illegal and contrary to the directions of this Court in W.P.Nos.23015, 23025, 23028, 23032 & 23034 of 2019 dated 06.08.2019 and W.P.Nos. 23165, 23184, 23185 & 23187 of 2019 dated 08.08.2019.)
Common Order:
1. Heard the 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
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.
The court emphasized the importance of following the prescribed procedure for addressing mismatch issues under the Tamil Nadu Value Added Tax Act, 2006.
The importance of providing an opportunity to the assessee prior to framing assessments and the directive to follow the procedure outlined in Circular No. 5/2021 for dealing with mismatch cases.
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....
Tribunal must remand for mismatch reconciliation instead of substituting appellate findings in ITC reversal cases.
Proper verification of transactions and the requirement for a match of details in claims of Input Tax Credit, as mandated by Section 42(3) of the CGST Act, are crucial for the assessment process.
The central legal point established in the judgment is the requirement to adhere to principles of natural justice in GST assessment proceedings, the consideration of Circular No.183 in addressing mis....
An assessment order must consider the relevant material placed on record by the assessee and exhibit proper application of mind; failure to do so may result in its quashing by the court.
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