9911796707
TMI Blog2023 (5) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant from its vendors, were set aside - After deducting the said sum of Rs.46,81,461/-, the balance sum of Rs.55,24,044/- pertaining to other issues, to which, the appellant has also filed application under Section 84 of the TNVAT Act, 2006. Considering the total quantum covered under Section 19(20) of the Tamil Nadu Value Added Tax Act, 2006, amounts to Rs.46,81,461/-, which was set aside in the earlier round of litigation, but, the same was not taken into consideration by the learned Judge and that, if the amount so deleted, is deducted from the total disputed tax of Rs.1,02,05,505/- by way of subsequent assessment proceedings, the total outstanding amount would be around Rs.55,00,000/-, this court, to meet the ends of justice, is in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ler on the file of the first respondent herein. In respect of the assessment years 2006-07, 2007-08 and 2008-09, notices dated 22.12.2009 and 29.12.2009 were issued by the first respondent, inter alia proposing to reverse the input tax, by stating that in view of the incentives / discounts received by the appellant from its vendors, their selling price was below their purchase price and therefore, they are not entitled to the excess input tax credit available due to the lesser selling price of the appellant. Upon receipt of the same, the appellant filed its objections on 13.10.2010. Without appreciating the same, the first respondent passed the assessment orders dated 29.10.2010 for the assessment years in question, confirming the said pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question, a sum of Rs.46,81,461/- relates to the reversal of ITC on incentives, which is covered by the judgment of the Apex Court in M/s.Jayaram Co. case (cited supra) and the order of this court dated 04.02.2021 in WP.Nos.28335 to 28337 of 2010 in the earlier round of litigation, wherein, the assessment orders dated 29.10.2010, with respect to reversal of input tax on incentives / discounts received by the appellant from its vendors, were set aside. After deducting the said sum of Rs.46,81,461/-, the balance sum of Rs.55,24,044/- pertaining to other issues, to which, the appellant has also filed application under Section 84 of the TNVAT Act, 2006. As regards the penalty amount of Rs.1,17,09,593/-, the same was made for the first time, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y way of subsequent assessment proceedings, the total outstanding amount would be around Rs.55,00,000/-, this court, to meet the ends of justice, is inclined to modify the order of the learned Judge, in the following terms: i. The appellant shall pay a sum of Rs.25,00,000/- within a period of eight weeks from the date of receipt of a copy of the judgment; ii. On such payment, bank attachment, if any, shall be lifted forthwith; iii. On the failure of the appellant to comply with the direction (i) above, the interim order granted by the learned Judge shall stand vacated automatically without any reference to this court. 7. All these writ appeals stand disposed of, with the above terms. No costs. Connected C.M.Ps. are closed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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