Fresh Opportunity must be Granted to Assessee when they reverse the wrongly availed Input Tax Credit: Madras HC [Read Judgment]

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While setting aside the impugned order, the High Court of Madras recently allowed the assessee a fresh opportunity considering the fact that they have reversed the Input Tax Credit wrongly availed by them for the relevant assessment year.

In the instant case, the assessee approached the High Court impugning the assessment order contending that inspite of the petitioner having given objections to the notice completed the assessment stating that the petitioner has not given any objections.They further produced the copy of the ‘Letter Delivery Book’ to substantiate the stand that the objections were given.

The Court, however, refused to consider the ‘Letter Delivery Book’ as a valid proof since it is not an authenticated proof, as there is no date seal or the seal of the Office of the respondent. Further, it was noticed that the petitioner have reversed the Input Tax Credit wrongly availed by them. In view of this fact, the Court directed the assessing officer to conduct a fresh assessment.