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2017 (6) TMI 1200 - HC - VAT and Sales TaxReversal of Input tax credit - Section 19(2)(v) of the Tamil Nadu Value Added Tax Act, 2006 - Held that - the issue regarding the ITC reversal under Section 19(2)(v) of the TNVAT Act is covered by the said decision of this Court 2017 (3) TMI 279 - MADRAS HIGH COURT and therefore, the Assessing Authority can re-consider the said issue once again - the matter is remitted back to the Assessing Officer to re-consider the said issue - matter on remand.
Issues:
Challenging provisional assessment for April 2014 - November 2014 of the assessment year 2014-2015 based on ITC reversal under Section 19(2)(v) of the TNVAT Act. Analysis: The petitioner challenged the provisional assessment, arguing that the Assessing Authority erroneously reversed the Input Tax Credit (ITC) under Section 19(2)(v) of the Tamil Nadu Value Added Tax Act, 2006. The petitioner contended that they were entitled to the credit based on a previous court order in Everest Industries Limited -v- State of Tamil Nadu & another case. The only issue of contention was the ITC reversal under Section 19(2)(v) of the TNVAT Act, as the petitioner was not aggrieved by other aspects of the assessment. The Government Advocate did not dispute that the issue of ITC reversal under Section 19(2)(v) of the TNVAT Act was covered by a previous decision of the court. Both sides were heard, and it was acknowledged that the writ petitions solely challenged the ITC reversal under Section 19(2)(v) based on the previous court decision. The High Court allowed the writ petitions in part, specifically concerning the ITC reversal under Section 19(2)(v) of the TNVAT Act. The impugned assessment orders were quashed only in relation to this issue, and the matter was remitted back to the Assessing Officer for reconsideration based on the court's previous decision. The Assessing Officer was directed to pass fresh assessment orders within four weeks, ensuring the petitioner was given a fair hearing. No costs were awarded, and the connected miscellaneous petitions were closed. In conclusion, the judgment focused on the specific issue of ITC reversal under Section 19(2)(v) of the TNVAT Act, highlighting the importance of following previous court decisions and providing a fair opportunity for reconsideration by the Assessing Officer.
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