TCS TRADE LINKS Vs. STATE TAX OFFICER, NAMAKKAL

JUDGEMENT

(1.) Heard Mr.A.P.Srinivas, learned counsel for the petitioner and Mr.Shaffiq as well as Ms.Dhanamadhri, learned counsels for the respondent.

(2.) The Petitioner is a dealer on the file of the respondent officer in terms of the provisions of the Tamil Nadu Value Added Tax Act, 2006 (in short TNVAT Act ). The period of assessment is 2011-12. The petitioner was put to notice on 12.09.2012 that its turnover from sale of rice bran oil was less than Rs.5.00 crores, thus attracting exemption in terms of Entry 65/Schedule A of the Act. Thus, the tax collected on the sales, admittedly remitted to the Department, was proposed to be forfeited in terms of Section 40(2)(ii) and the Input Tax Credit (ITC) claimed, proposed to be reversed, along with penalty.

(3.) The petitioner filed a reply dated 08.11.2012 stating that its turnover was, in fact, in excess of Rs.5.00 crores (Rs.5,18,01,968/- to be exact) and hence it was not entitled to exemption. This culminated in an order dated 15.03.2018, where the stand of the petitioner was accepted and the proposals dropped. Thereafter, a notice came to be issued on 28.06.2019 proposing revision of assessment and the proposal contained in notice dated 12.09.2012 was reiterated. The petitioner was called upon to file written objections and also appear for a personal hearing. The petitioner duly filed written objections dated 13.08.2019 as well as appeared for a personal hearing and order dated 30.08.2019 has come to be passed rejecting the stand of the petitioner as against which, the present Writ Petition is filed.