2017 (7) TMI 315

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....sh ORDER Heard Mr.N.Prasad, learned counsel appearing for the petitioner and Mr.K.Venkatesh, learned Government Advocate accepting notice on behalf of the respondent. With the consent on either side, the writ petition itself is taken up for disposal. 2. The petitioner who is the registered dealer under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (TNVAT Act) on the file of t....

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....f stock transfer. The petitioner submitted their objections on 31.08.2016 stating that they have been regularly reversing ITC in excess of 5% on the value of the stock transfers made to outside Tamil Nadu Units in their monthly returns as contemplated under the TNVAT Act. Further, they have also considered the turnover of stock transfers made outside Tamil Nadu State and proportionate ITC reversal....

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....onal hearing. 3. The petitioner submitted their objections on 27.09.2016 apart from other things contending that it is evident from the returns and Form WW filed for the year 2014-15, when the total exempted sales itself was Rs. 29,03,231/-, then the proposal to reverse the ITC to the tune of Rs. 13,93,111/- is locally incorrect and reversal of ITC proposed at 50% of the exempted sales effected....

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....cedure required to be followed under the TNVAT Act. The principles of natural justice requires that the dealer is given adequate and reasonable opportunity to putforth their submissions. The earlier notice clearly stated that the petitioner will have an opportunity of personal hearing. In such circumstances, the respondent was not justified in passing the impugned order without reference to any of....