9911796707
TMI Blog2018 (2) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1956, has filed these writ petitions challenging the assessment orders passed under the State Act for the years 2015-16 and 2016-17. 3. The impugned orders have been challenged on the ground that the petitioner was not afforded adequate opportunity to submit their objections and that no opportunity of personal hearing was granted. It is further submitted that in the manufacturing process adopted by the petitioner, which involves the manufacture of wall putty, a cementious material, there is no invisible loss or manufacturing loss incurred in the manufacturing process and that this aspect of the matter could have been clarified by the petitioner only if they had been given an opportunity of personal hearing. 4. In paragraph 7 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucted in the place of business of the petitioner on 24.4.2017 by the officials of the Enforcement Wing, during which, it appears that certain discrepancies were found. The discrepancies pointed out were that the petitioner effected local purchase of goods and used them in the manufacturing of other goods, that they had not reported the input tax credit reversal for the manufacturing loss in Form WW filed for the years 2015-16 and 2016-17 and that as per Form WW filed for the years 2015-16 and 2016-17, the manufacturing loss was worked out as 9.51%. It was also pointed out that on verification of Form I and Form 1 returns, it is seen that the petitioner had not filed Form F for the stock transfer turnover. Therefore, there was a proposal to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the disputed tax for each of the assessment years within a period of three weeks from the date of receipt of a copy of this order. If the petitioner complies with the said condition, they will be entitled to treat the impugned orders as show cause notices and submit their objections within a period of seven days therefrom. On receipt of the objections, the respondent shall afford an opportunity of personal hearing and redo the assessment in accordance with law. It is needless to add that the benefit of this order will not enure to the petitioner, if the petitioner fails to comply with the condition of payment of 15% of the disputed tax for each of the assessment years within the time stipulated. No costs. Consequently, the above WMPs are cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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