2014 (12) TMI 1221

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....egistered dealer under the provisions of the Tamil Nadu Value Added Tax Act, 2006. The petitioner is a private limited company and has factories at Coimbatore and Chennai, inter alia, involved in the manufacture of industrial pumps, valves and its parts. The issue involved in this writ petition pertains to the assessment year 2013-14. The assessee filed returns for the relevant period and on verification of the returns, the assessing officer pointed out that they have effected sales and claimed ITC and after reversing the ITC, balance ITC has been adjusted under both the provisions under the TNVAT and CST Act and the remaining is in their account. Further, it is stated that on verification of the returns and records, it was noticed that ....

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....om registered dealers which are for the purpose of use in the manufacture within the State; consequently, clause (ii) of section 19(2) of the Act, i.e., inputs are for the purpose of use as input in the manufacture or processing of goods in the State. Other contentions in the objections were found in paras 7.3 to 7.16 of the reply/objection dated August 7, 2014. The petitioner also asked for grant of opportunity of personal hearing. The assessing officer in the impugned order of assessment, after referring to the contents of the notice dated June 19, 2014 has briefly set out the objections raised by the dealer in the objections dated August 7, 2014, while finalising the assessment. The assessing officer adopted a formula, viz., by statin....

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.... 7, 2014 elaborately dealt with the issue relating to section 19(2)(v) and the petitioner stated that the said provision was not attracted as the Legislature has not sought to restrict the credit in respect of goods which are for the purpose of use in manufacture or processing within the State. It is seen from the reply that the petitioner would state that they being manufacturers, they would fall within clause (ii) of section 19(2), i.e., inputs are for the purpose of use as input in the manufacture or processing of goods in the State. Therefore, the assessing officer while dealing with second issue regarding applicability of section 19(2) did not assign any reasons. This is one more reason to find fault with the impugned assessment ord....