TaxTMI 
TaxTMI 
2016 (8) TMI 635
X X X X Extracts X X X X
X X X X Extracts X X X X
....he Respondent : Mr. S. Kanmani Annamalai ORDER Since the issue involved in these Writ Petitions is identical in nature, and the parties are one and the same, these Writ Petitions have been taken up together, and disposed of by this common order. 2. Heard Mr.Mr.V.Srikanth, for Mr.C.Venkatraman, learned counsel appearing for the petitioner, and Mr.S.Kanmani Annamalai and learned counsel accepting....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nded that, with regard to the assessment, pertaining to 'Invisible Loss', it is submitted that the same has been done in an ad hoc manner, which was not approved by this Court, in the case of (Interfit Techno Products Ltd., Vs. Principal Secretary/Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai and another) reported in 2015 81 VST 389 (Madras). 5. I have heard the learned Ad....
X X X X Extracts X X X X
X X X X Extracts X X X X
....granted, so as to enable the Assessing Officer to come to a proper conclusion after perusing the documents placed by the dealer. Therefore, failure to afford opportunity of personal hearing, in spite of specific request made by the petitioner, would amount to violation of principles of natural justice. 7. On the second issue, as to how to determine the 'Invisible Loss' came up for conside....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ad hoc percentage were set aside, and liberty was granted to the concerned Assessing Officer to issue show cause notices, setting out, under what circumstances they propose to reverse the ITC and after considering the objection, to proceed in accordance with law. It was further pointed out in the said decision that, it is essential for the Assessing Officer to embark upon the fact finding exercise....