9911796707
TMI Blog2013 (3) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... 197/2011-2012 issued by the first respondent, informing that Input Tax Credit is eligible only for the purchasers from the registered dealers as per Section 19(2) of the Tamil Nadu Value Added Tax Act, 2006 (for short, 'the TNVAT Act'), thereby calling upon the petitioner to remit the tax of Rs. 43,14,452/- immediately and if the petitioner has objections on the defects noticed, they may furnish the details along with documentary evidence and connected records within seven days from the date of receipt of the said notice, failing which, appropriate action would be initiated as per law, seeking to quash the same. 4. It is the case of the petitioner that it is a Private Limited Company, duly incorporated under the Companies Act, 1956 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.Kings Iron Trading Pvt. Ltd., Chennai-600 001, are alive and they have paid the taxes due for their sales in the month of March 2010. Subsequently, after 2011, the sales tax registration of the above seller M/s.Kings Iron Trading Pvt. Ltd., Chennai-600 001, was cancelled retrospectively from 5.1.2010 by the third respondent and the second respondent has confirmed the sales tax registration and payment of tax by the seller M/s.Kings Iron Trading Pvt. Ltd., Chennai from the third respondent in January 2011 and then issued the refund of amount of corresponding Input Tax Credit to the petitioner, but the third respondent cancelled the sales tax registration of the said seller from 5.1.2010 retrospectively. 6. It is the further case of the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of taxes paid on purchases and taxes to be paid on the sales, is the VAT tax payable. Such retrospective date of cancellation proceedings of registration of the seller alone is to be taken to shift the tax burden on the buyer and not any earlier dates. The first respondent has taken earlier date 5.1.2010 as cancellation date and not the actual date of cancellation of registration of the seller. The mistake committed by the third respondent makes the petitioner to pay more taxes, as the petitioner's claim for Input Tax Credit for the purchases effected in the period in March 2010, is prior to the date of actual cancellation of registration of the seller. 8. The impugned notice is challenged by the petitioner on the ground that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents available on record. 11. From the facts pleaded, it is seen that the petitioner is a Private Limited Company manufacturing and selling locally and also exporting machinery to other countries and the petitioner-Company purchased iron tubes from Tvl.Kings Iron Trading Pvt. Ltd., Chennai and claimed for Input Tax Credit for the taxes paid in the State for such purchase. The only plea raised before this Court is that as per Section 2(5) of the TNVAT Act, only the assessing authority is entitled to levy and collect any tax. The definition of "assessing authority" as per Section 2(5) makes it clear that "assessing authority" means any person authorised by the Government or by the Commissioner to make any assessment in this Act. 12. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the petitioner to the said notice, is rejected. 15. However, the petitioner is directed to approach the competent assessing authority and make detailed objections to the impugned notice, dated 21.1.2013, and such objections shall be filed along with documentary evidence and connected records. Learned counsel for the petitioner submitted that the petitioner-Company has already submitted their objections before the competent assessing authority. If such objections are already filed before the competent assessing authority, the competent assessing authority is directed to consider the same, after giving an opportunity of hearing to the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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