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2023 (4) TMI 597

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..... s impermissible in terms of such exempted sales - HELD THAT:- The question of reversal of ITC in regard to supply made to SEZ was considered by a Division Bench of this Court in W.A.No.703 of 2020 Batch in the case of M/S. CONSOLIDATED CONSTRUCTION CONSORTIUM LTD. VERSUS THE ASSISTANT COMMISSIONER (CT) [ 2023 (3) TMI 884 - MADRAS HIGH COURT] . In conclusion, the assessments have been remanded t .....

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..... tion of the sales are related to units located in Special Economic Zones (SEZ), which manufacture cardboard boxes out of the kraft paper supplied by the petitioner. Such sales are declared as Zero-rated sales. 3. A notice came to be issued by the respondent proposing to reverse Input Tax Credit (ITC), applying the provisions of Section 8(6) of the Central Sales Tax Act, 1956 (in short 'CST .....

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..... considered by a Division Bench of this Court in W.A.No.703 of 2020 Batch in the case of Consolidated Construction Consortium Ltd., Vs. The Assistant Commissioner (CT), (decision dated 28.02.2023). In conclusion, the assessments have been remanded to the Assessing authority for fresh consideration . The operative portion of the order reads thus:- 16. To sum up: a. Section 18 of the .....

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..... he law declared by this Court. f. The provisions of Section 18 the TNVAT Act cannot be controlled by a notification under Section 30 of the TNVAT Act inasmuch as Section 18 of the TNVAT Act confers a larger benefit. It is open to an assessee to claim a larger/ greater benefit. g. The expression sale in Section 18 of the TNVAT Act must be understood keeping in view the definition of sale .....

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