2016 (12) TMI 632 - HC - VAT and Sales Tax

Court sets aside findings on mismatch, orders fresh consideration, mandates personal hearing and reasoned order in tax dispute

Bee Gee Forge Versus The Assistant Commissioner (CT)

Bee Gee Forge Versus The Assistant Commissioner (CT) - TMI Issues:Challenge to assessment orders for the years 2010-11 to 2014-15 regarding liability of cross verification (invoice wise mismatch).Analysis:The petitioner, a registered dealer under the Tamil Nadu Value Added Tax Act, challenged assessment orders based on cross verification of purchases. The Court noted a violation of natural justice principles and decided to dispose of the main writ petitions. The notices issued to the petitioner highlighted a mismatch in input tax credit claims after a VAT audit. The petitioner responded with objections, citing compliance with tax rules and presenting original purchase bills. They also referenced previous court decisions to support their claim against reversing input tax credit. However, the respondent did not address all objections, failed to provide requested details, and did not conduct a personal hearing. The Court found the assessments flawed and interfered with the orders.The Court partially allowed the writ petitions, setting aside the findings on cross verification mismatch and remanding the matters for fresh consideration. The respondent was directed to provide dealer details for reconciliation, after which the petitioner could file objections within 15 days. A personal hearing was mandated, and the respondent was instructed to pass a reasoned order based on the documents presented. The Court closed the case without costs, emphasizing the need for a fair and lawful assessment process.