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TMI Blog2015 (5) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... een made without taking into consideration of adjustment of ITC towards future demands and that they wanted 30 days' time since they were collecting the details of adjustment of ITC. Therefore, the first respondent ought to have examined the issue in a more objective manner and should have taken note of the fact that opportunity to the Assessee should be a meaningful opportunity and it is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it petitions, the petitioner, who is a registered dealer under the provisions of the Tamil Nadu Value Added Tax Act, 2006 and Central Sales Act, 1956, has challenged the orders of the assessment passed by the first respondent, under the Tamil Nadu Value Added Tax Act, for the assessment years 2009-10, 2010-11, 2011-12 and 2012-13. 2. The only ground, on which the impugned orders of assessment h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osing to levy penalty at 50% as per Section 27(4) of TNVAT Act. The petitioner, by representation dated 29.09.2014, submitted that they have received the revision notice on 16.09.2014 and proposal has been made without taking into consideration of adjustment of ITC towards future demands and they are arriving at the details of adjustment of ITC for every month and as it would take some time to gat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the request, the authority should bear in mind the expression used in the proviso, namely, reasonable opportunity . Therefore, in the instant case, the petitioner had stated that the proposal to reverse the ITC has been made without taking into consideration of adjustment of ITC towards future demands and that they wanted 30 days' time since they were collecting the details of adjustment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside. The petitioner is directed to submit their objections within 15 days from the date of receipt of a copy of this order along with the documents in support of their claim. The first respondent shall afford an opportunity of personal hearing to the petitioner and pass a reasoned order, on merits and in accordance with law, within a period of 30 days from the date on which the personal hear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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