Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2016 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (8) TMI 1338 - HC - VAT and Sales TaxValidity of assessment order - TNVAT Act - it was alleged that petitioner had claimed excess ITC than the sales reported by the seller to a particular amount and there is a discrepancy - it was also alleged that the petitioner has claimed input tax credit for the purchases from the registration cancelled dealers. Whether the input tax credit can be denied to the petitioner for the reason that the seller had not been assessed or the selling dealer has not filed the returns? - Held that: - This issue is no longer res integra and has been decided by this Court in the case of Althaf Shoes (P) Ltd. vs. Assistant Commissioner (CT), Valluvarkottam Assessment Circle, Chennai-6 [2011 (10) TMI 567 - Madras High Court], where it was held that so long as the purchasing dealer has complied with the requirements as given under rule 10(2), the claim of the purchasing dealer cannot, by any length of reasoning, be denied by the Revenue. The basis on which the impugned order has been passed denying the entire tax credit on verification of the Departmental website alleging that the petitioner has reported higher purchase and availed ITC in excess cannot be sustained - petition allowed - decided in favor of petitioner.
|