9911796707
TMI Blog2016 (1) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... ot eligible, the respondent sought to include the same for the purpose of reversal of ITC, invoking Section 19(2)(V) of the TNVAT Act for the assessment year 2012-13 and passed the impugned order dated 30.04.2015, reversing ITC to the tune of ₹ 2,69,629/- for the said period. During the said assessment period, viz., 2012-13, there is no power vested with the respondent to reverse the ITC, since the amended provision of Section 19(2)(V) of the TNVAT Act, 2006 by Act 28 of 2013 came into effect only from 11.11.2013. Hence, to this extent, the impugned assessment order needs interference. Admittedly, the explanation of the petitioner dated 16.02.2015 is also not considered by the respondent. - Matter remanded back - Decided in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng under Section 8(1) of the CST Act which were covered by form C declarations. In the meantime, for the assessment year 2012-13, self assessment was passed on 07.04.2015 and CST Assessment was also issued on 30.04.2015. However, on 30.04.2015, the impugned order for 2012-13 under TNVAT Act was served on them, in which, reversal of ITC under Section 19(2)(V) of the TNVAT Act was confirmed, without considering the reply filed by them which was acknowledged on 16.02.2015. Hence, the petitioner is before this Court. 3.1 The learned counsel for the petitioner submitted that the impugned order demanding the difference of 3% ITC on the purchase value relating to inter-state sales invoking Section 19(2)(V) of the Act, is without any authority o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able turnover. Concluding that the refund claim made out in respect of the transactions related to C forms is not eligible, the respondent sought to include the same for the purpose of reversal of ITC, invoking Section 19(2)(V) of the TNVAT Act for the assessment year 2012-13 and passed the impugned order dated 30.04.2015, reversing ITC to the tune of ₹ 2,69,629/- for the said period. During the said assessment period, viz., 2012-13, there is no power vested with the respondent to reverse the ITC, since the amended provision of Section 19(2)(V) of the TNVAT Act, 2006 by Act 28 of 2013 came into effect only from 11.11.2013. Hence, to this extent, the impugned assessment order needs interference. Admittedly, the explanation of the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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