Case Law Details
T. V. Sundram Iyengar and Sons Limited Vs Assistant Commissioner (ST) (Madras High Court)
In a recent judgment by the Madras High Court in the case of T. V. Sundram Iyengar and Sons Limited Vs Assistant Commissioner (ST), the court has addressed the imposition of penalties under Section 27(4) of the Tamil Nadu Value Added Tax (TNVAT) Act, 2006. The petitioner, a registered company engaged in the sale of motor vehicles and auto parts, challenged an order that confirmed penalties without proper consideration of objections raised. This article examines the key arguments, court observations, and the implications of the judgment.
Background: The petitioner, a registered dealer under the TNVAT Act, underwent a deemed assessment for the year 2012-2013. Subsequently, the turnover was re-determined under Section 27 of the Act. The petitioner challenged the order, leading to a common order by the Madras High Court directing a fresh personal hearing. Despite providing written submissions, the respondent confirmed the earlier order without due consideration, leading the petitioner to file a writ petition.
Petitioner’s Grounds: The petitioner raised various contentions, including:
1. Reversal of ITC: The petitioner argued that the reversal of Input Tax Credit (ITC) related to exempted sales to the Canteen Stores Department was not considered adequately.
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