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TMI Blog2016 (12) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... an be re-done afresh after receiving Forms C and H declarations, which the petitioner is in position as on date. With regard to the proposal u/s.19[2][v] is concerned, since the petitioner is yet to challenge statutory provision before this Court, the court has given liberty to raise objections on the said issue. Petition allowed - matter on remand - petitioner is granted four weeks time to produce Forms C and H Declarations and also submit further objections to the proposals to reverse ITC u/s.19[5][c] and on receipt of the same, the respondent shall re-do the assessment in accordance with law. - WP. No. 42403/2016 & MP.No.36289/2016 - - - Dated:- 2-12-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr. N. Inbarajan For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to prefer an appeal with regard to the proposal of the reversal of ITC u/s.19[5][c] meant that they will challenge the statutory provision before this Court since the challenge to the provisions is pending in a batch of cases. However, the respondent finalised the assessment solely based on the stand taken by the petitioner in the reply dated 25.11.2015. As on date, the petitioner has not challenged the validity of section 19[2][v] before this Court. That apart, as of now, the petitioner has collected some more Forms C and H declarations which they are ready and willing to produce before the Assessing Officer. Therefore, in stead of making piecemeal assessment, this Court is of the view that the Assessing Officer should do a complete asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must be extended without fail. In stead of driving the assessee to go on appeal for this simple matter and getting the case remanded by the appellate forum for reopening and considering the C Forms filed at the time of hearing the appeal, the Assessing Officers, themselves may reopen the cases, admit the new C Forms check on their correctness and genuineness and pass revised assessment orders, as long as the period does not exceed the period of limitation. 4 In terms of the above circular, no strict guidelines have been fixed for production of such declaration forms and the object of production of these forms is to enable the dealer to avail concessional rate of tax. Therefore, a rigid and strict interpretation cannot be done in this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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