2025 (7) TMI 396

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....13 and 2013-14 and the State has also filed T.C.No.83 of 2024, relating to period 2012-13, which has been admitted on 21.12.2024 on the following substantial questions of law: 1. Whether the order of the learned Tribunal in deleting the penalty stands vitiated inasmuch as it fails to take into account the relevant and has taken into account the factors that are wholly irrelevant in deciding whether penalty is warranted in terms of Section 27(3) of the TNVAT Act, 2006? 2. Whether the learned Tribunal has erred in deleting the penalty by affirming the findings of the first Appellate Authority which has proceeded to hold that penalty under Section 27(3) of the TNVAT Act consequent to the Assessment Orders even though there could be suppres....

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....d listing of T.C.No.83 of 2024 under a special list and pass this common order disposing both tax cases. 3. Learned Government Advocate has filed a memo dated 25.06.2025 stating that in addition to the aforesaid substantial questions of law raised and admitted, the following additional question arises for resolution. 'Whether the Tribunal was right in dismissing the appeal of the State by holding that the Assessing Officer failed to follow the guidelines issued by the Commissioner of Commercial Taxes Circular No.5/2021, dated 24.02.2021 when the Assessment Order was passed prior to issuance of Circular on 11.11.2014? 4. The issue that arises for resolution relates to the reversal of Input Tax Credit (ITC) arising from the mismatch b....