Stock transfer dispute remitted for fresh assessment after invoices and records are verified and a personal hearing is granted.

A writ petition concerning whether movement of goods from Madurantakam to Chennai constituted an inter-State stock transfer was remitted for fresh examination on the merits. The petitioner was allowed to file invoices and other supporting records, and the assessing authority was directed to verify the documents, afford a personal hearing, and pass a fresh reasoned order in accordance with law. Interim protection against coercive action was continued until compliance with the direction, so the assessment dispute would be reconsidered on the basis of the records produced.

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Issues: Whether the petitioner should be granted an opportunity to file supporting documents and have the assessment reconsidered on merits in relation to the disputed stock transfer.

Analysis: The writ petition arose from an assessment dispute concerning whether the movement of goods from Madurantakam to Chennai was an inter-State stock transfer. The Court noted that the supporting material placed before the assessing authority did not clearly establish the precise stock transfers, but also found that the petitioner should not be denied relief on technical grounds. The petitioner was permitted to produce the relevant invoices and details, and the assessing authority was directed to verify the documents, afford personal hearing, and pass a fresh reasoned order in accordance with law. Interim protection against coercive action was also granted until the petitioner complied with the direction.

Conclusion: The petitioner was granted an opportunity to seek reconsideration of the assessment on merits, and the matter was remitted to the assessing authority for fresh decision after verification of records.

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