2020 (12) TMI 907

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....ondent and perused the materials placed on record, apart from the pleadings of the parties. 2. The Writ Petition challenges the separate Order No. TIN 33830947422/ 2014-15/A3 dated 14.07.2015 passed by the First Respondent attaching the amounts due by the Second to Fifth Respondents to the Petitioner for recovery of tax arrears, which has been assessed for the year 2014-2015. 3. Learned Government Advocate appearing for the First Respondent has filed memo dated 16.12.2020, which reads as follows:- " It is submitted that in the impugned proceedings for the assessment year 2013-14, it has been erroneously quoted as assessment year 2014-15 under TNVAT Act, 2006. But the demand actually pertains to the assessment year 2013-14. In....

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.... scope of interpretation of Section 19(20) of the Tamil Nadu Value Added Tax Act, 2006. 7. Section 19(20), which was introduced with effect from 19.8.2010, but which was later given retrospective effect from 1.1.2007, according to the circular of the Commissioner, indicates three steps in-built within the same for operation of the same. These three steps are as follows: "1. Identification of cases in which huge ITC is accumulated on account of lesser sale price than the purchase price. 2. The above facts have to be ensured by verifying the purchase and sale price per unit. 3. If the above two things are found in a business concern, the quantum of ITC which exceeds the output tax shall be reversed....

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....s impugned in the writ petitions, the respondent has not taken note of the same. Therefore, we are of the considered view that the impugned orders could be set aside and the matter sent back to the respondent for a fresh consideration. 14. Accordingly, the writ appeals are allowed and the orders of the learned Judge are set aside. The writ petitions are allowed and the impugned assessment orders passed by the respondent are set aside. The matter is remitted back to the respondent. The respondent shall take into account the circular of the Commissioner dated 4.11.2013 and the orders of assessment dated 31.3.2015 passed in respect of M/s.Sree Laxmi Traders and pass orders afresh within a period of six weeks. No costs. ....