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“4. Reversal of ITC of Rs.63,49,386 They have explained that the disputed amount relates to ITC reversal made under Sec.19(5)(c) and for which https://www.mhc.tn.gov.in/judis/ they have filed a letter dated:20.2.2017 about the excess paid amount which they have adjusted for CST 2% and that they have given the monthly details. As claimed by them the reversal under Sec.19(5)(c) was done away with effect from 01.04.2015 and this fact was reflected in the Form WW. The certifying Chartered Accountant has clearly mentioned that the dealer has to claim a refund of Rs.63,49,386/-. So, the dealer's claim for Rs.63,49,386/- towards Input Tax Credit is acceptable.”

17. To give more credibility to such assessment, Section 63A was also introduced for assessee's whose total turnover including zero rate sale and a sale in the course of interstate trade or commerce and specified in Section 3 of the Central Sales Tax Act, 1956 in a year exceeds Rupees One Crore. Such assessee was required to get their accounts in respect of that year, audited by a Chartered Accountant and submit a report of such audit in the prescribed Form, duly signed and verified by the Chartered Accountant to the Assessing Authority, within the period as may be prescribed. To give effect to the above provision, Rule 16-A to Tamil Nadu Value Added Tax Rules, 2007 was also introduced. The audit report has to be filed in Form “WW”. The informations in the audit report are intended to facilitate the Assessing Authority to reopen the assessment in case there is any shortfall in the payment of tax.

18. Therefore, the Assessing Authority was required to accept the return submitted for the year by the dealer and if the returns were in the https://www.mhc.tn.gov.in/judis/ prescribed form and accompanied with the prescribed documents and proof of payment of tax, there was deemed assessment for the year in the 31st day of October of the succeeding order.

19. The Assessing Authority is expected to pass a revised order of assessment if any defects are pointed out by the auditor in Form “WW”. Since the petitioner was under a mandatory audit under Section 63A of the Tamil Nadu Value Added Tax Act, 2006, question of filing a revised return for claiming refund under Rule 11 of the Tamil Nadu Value Added Tax Rules, 2007 was unnecessary.

20. The certificate in Form “WW” by the auditor on 15.12.2016 certified that the petitioner had wrongly debited an amount of Rs.63,49,386/- and that the petitioner was entitled to claim a refund of the aforesaid amount. It was a sufficient reason for the Assessing Authority to revise the assessment and issue Form 'P' to the petitioner suo motu.

https://www.mhc.tn.gov.in/judis/