Input Tax Credit reversal remitted for fresh consideration after earlier precedent, while the remaining assessment findings were sustained.

Reversal of Input Tax Credit under Section 19(2)(v) of the Tamil Nadu Value Added Tax Act, 2006 was reconsidered because the issue had already been covered by an earlier decision of the Court and the respondents did not dispute that fresh examination was required. The impugned assessment orders were interfered with only to that extent, while the remaining portions were sustained. The matter was remitted to the Assessing Officer for fresh adjudication of the Input Tax Credit reversal after granting an opportunity of hearing.

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Issues: Whether the reversal of Input Tax Credit under Section 19(2)(v) of the Tamil Nadu Value Added Tax Act, 2006 in the impugned provisional assessments required reconsideration in light of the earlier decision of the Court.

Analysis: The challenge was confined to the reversal of Input Tax Credit under Section 19(2)(v). The issue had already been covered by an earlier decision of the Court, and the respondents did not dispute that the matter required reconsideration. The impugned assessment orders were therefore interfered with only to the extent of the Input Tax Credit reversal, while the remaining portions of the assessments were left undisturbed. The matter was remitted to the Assessing Officer for fresh consideration of that issue after granting an opportunity of hearing.

Conclusion: The challenge succeeded only in part. The reversal of Input Tax Credit under Section 19(2)(v) was quashed and remitted for fresh adjudication, but the other parts of the assessment orders were sustained.

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