9911796707
TMI Blog2023 (3) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... s for conduct of verification and assessment in such matters. While some of these directions have been complied with in the present cases, learned counsel concur on the position that there are other conditions that have been set out under Circular No.5 of 2021 dated 24.02.2021 that yet remain to be complied. The second issue relating to movement of goods has been the subject-matter of detailed deliberations in a batch of cases in W.A.No.2607 of 2021, wherein orders have been reserved by the Tax Bench on 01.12.2022. In the interregnum, the Hon'ble Supreme Court has also had occasion to pronounce judgment in the case of THE STATE OF KARNATAKA VERSUS M/S ECOM GILL COFFEE TRADING PRIVATE LIMITED [ 2023 (3) TMI 533 - SUPREME COURT] on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sal of ITC on the allegations that there has been no actual movement of goods qua the transactions in question. 3. In regard to the first issue a Bench of this Court in the case of M/s.JKM Graphics Solutions Private Limited v Commercial Tax Officer (99 VST 343) had issued certain directions for conduct of verification and assessment in such matters. While some of these directions have been complied with in the present cases, learned counsel concur on the position that there are other conditions that have been set out under Circular No.5 of 2021 dated 24.02.2021 that yet remain to be complied. 4. Hence, and in light of the discussions as aforesaid, the impugned assessments are to be re-done in light of Circular No.5 of 2021, the rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the concerned DC and JC and seek for the requisite details of verification. If on enquiry Original Assessing Authority is of the view buyer has made bogus claim / wrong claim, by being involved in bill trading by producing bogus invoice, etc., the buyer shall be assessed to tax / reversal of ITC, as the case may be then the Original Assessing Authority shall pass appropriate orders in accordance with provisions of the TNVAT Act, 2006. 3.3.4 The Other End Assessing Authority shall verify the details provided to him / her with reference to the manually filed original / revised returns or by issuing show cause notice and calling for the details from the dealer. After the receipt of reply and after due enquiry, the Other End Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall oversee the work and ensure that the verification reports are promptly be sent and the cases are finalized without any undue delay. 5. The second issue relating to movement of goods has been the subject-matter of detailed deliberations in a batch of cases in W.A.No.2607 of 2021, wherein orders have been reserved by the Tax Bench on 01.12.2022. In the interregnum, the Hon'ble Supreme Court has also had occasion to pronounce judgment in the case of State of Karnataka v M/s Ecom Gill Coffee Trading Private Limited [C.A.No.230 of 2023 dated 13.03.2023] on the same issue, though in the context of the Karntatka Value Added Tax Act. 6. Thus, there is direction to the assessing authority to await decision in W.A.No.2607 of 2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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