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2021 (8) TMI 309

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..... the respondent on 23.02.2020 and the impugned order came to be passed on 11.11.2020 which is an ex-parte order. The learned counsel for the petitioner has specifically contended that because of the pandemic situation, the petitioner's Restaurant was closed till May 2020. Section 27 of the Tamil Nadu Value Added Tax Act, 2006, provides for reasonable opportunity includes the personal hearing .....

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..... filed this writ petition challenging the impugned order of assessment passed by the respondent in TIN/33216383550/2017-18 dated 11.11.2020. 2. The brief facts of the case are as follows: The petitioner Firm is running a Hotel called Anjappar Chettinad A/C Restaurant and was registered with VAT Department earlier and now with the GST Department. The petitioner reported total turnover of S .....

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..... ssing the impugned assessment order, necessarily opportunity should be given to the petitioner to explain his case and therefore, the impugned order is to be set aside . In support of his case, the learned counsel for the petitioner has relied on the decision reported in 2018-VIL-99-MAD(M/s DELPHI AUTOMATIVE SYTEMSP LTD Vs THE ASSISTANT COMMISSIONER(CT), CHENNAI). 4. The learned Government A .....

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..... 020. Section 27 of the Tamil Nadu Value Added Tax Act, 2006, provides for reasonable opportunity includes the personal hearing under Section 27(4) of the Act, which is mandatory. However, the petitioner due to the reasons stated above, had not responded to the notice and the respondent passed the impugned order without complying with Section 27(4) of the Act and without affording an opportunity of .....

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