2022 (12) TMI 715

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....ax Act, 2006 (in short 'Act') for the periods 2014-15 and 2015-16. 3. One of the major issue arises in this matters relates to reversal of Input Tax Credit (ITC) on the ground that it is a mismatch of particulars set out in the annexures accompanying the petitioner's returns and the other dealers' returns of turnover. 4. Learned Government Advocate would fairly accede to the position that the Assessing Authority has not followed the procedure dealing with mismatch as set out by the Principal Secretary/Commissioner, Commercial Taxes in Circular No.5 of 2020-2021 dated 24.02.2021. 5. Paragraph 3 of the Circular, which stipulates the procedure to be followed in the case of mismatch, reads as follows: "Circular....

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....d on verification and omission and evasion as detailed in sl no 6 to 8 below which require revision of assessment. 1. Clerical as wrong reporting / Non reporting of TIN, invoice number, date, category https://www.mhc.tn.gov.in/judis of transaction, etc... 2. The seller/purchaser reports the transaction in the manually filed original/revised return. 3. Purchaser reporting the transaction related to a Financial Year / Month in the subsequent Financial Year / Month 4. Difference noticed in data as per Annexures I and II between the actual reporting by the dealer in the TNVAT returns and data migrated in the TNCTD Portal 5. Seller/purchaser is unable to file returns due to cancellation of registratio....

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....sing Authority shall issue notice to the dealer concerned indicating the discrepancy with an opportunity to show cause  to reconcile the same. After the receipt of reply and after due enquiry, the Original Assessing Authority finds that the sing has effected the transaction shall make a request to Other End Assessing Authority through email (zimbra mail) marking copy to concerned DC and JC and seek for the requisite details of verification. If on enquiry Original Assessing Authority is of the view buyer has made bogus claim / wrong claim, by being involved in bill trading by producing bogus invoice, etc., the buyer shall be assessed to tax/reversal of ITC, as the case may be, then the Original Assessing Authority shall pass appropriate....