9911796707
TMI Blog2020 (6) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 25.10.2013 passed by the second respondent. By the impugned order, it was informed to the petitioner that the Enforcement Wing Officers notified certain defects and estimated visible loss, invisible loss, reversal of ITC for exempted sales during the years from 2007-2008 to 2011-2012 and hence, the balance amount of input tax paid for refund, after reversing and deducting ineligible ITC, is Rs. 1,94,329/-. 3. The learned counsel for the petitioner, during the course of hearing, submitted that the issue involved herein is covered by the decision of this Court in Interfit Techno Products Ltd. v Principal Secretary/ Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai and another [(2015) 81 VST 389 (Madras)], wherein, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctured from and out of the goods purchased and to examine as to whether they fall within any of the restrictions contained in Section 19 of the VAT Act. The Assessing Officer has to conduct an exercise by which it is to be ascertained as to whether the representation made by the dealer is justified and is not hit by any any of the restrictions and conditions contained in Section 19 and in particular Section 19(9) of the VAT Act. (4) It is held that the Assessing Authorities are not justified in adopting uniform percentage as invisible loss and calling upon the dealer to reverse the input tax credit availed to that extent. Consequently, all notices issued to the petitioner for reopening and all consequential order passed reversing the inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra, which holds good to the facts of the present case, the impugned order dated 25.10.2013 passed by the second respondent stands set aside. Since the refund order is relating to the assessment year 2011-12, the second respondent shall decide the issue afresh, after issuing show cause notice to the petitioner clearly setting out the circumstances under which they propose to revise or call upon the petitioner to reverse refund sanctioned and after receiving their objection. Such notice be issued by the second respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of such notice, the petitioner shall submit their objections along with the required documents, if any, within a period of two week ..... X X X X Extracts X X X X X X X X Extracts X X X X
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