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9. As far as the issue of burning loss is concerned, the respondent/Assessing Officer reduces the original proposal from 4% to 1% claimed by the petitioner. This Court has had occasion to deal with the reversal of ITC on invisible loss in the case of Interfit Techno Products Ltd. V. Principal Secretary/Commissioner of Commercial Taxes, Ezhilagam, Chennai and another (81 VST 389) and held that such reversal should not be effected by adopting a uniform/flat percentage, but on the basis of some scientific methodology employed by the respondent to quantify the loss.
10. Accordingly and in the light of the aforesaid order, this issue is also remitted, to be re-done in the light of the directions in Interfit Techno Products Ltd. (supra).
https://www.mhc.tn.gov.in/judis/ W.P. Nos.6904 and 6906 of 2021
11. For this above purposes, the petitioner will appear before the Assessing Authority on 31.03.2021 along with supporting materials, if any, without expecting any further notice in this regard. The Assessing Authority, after hearing the petitioner and considering the materials, if any, filed by the petitioner, shall pass orders of assessment within a period of four (4) weeks from 31.03.2021, i.e., on or before 01.05.2021.