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2017 (9) TMI 978 - MADRAS HIGH COURTInterpretation of statute - refund - reversal of credit - Rule 8 (6) of TNVAT Rules, 2007 - Held that: - similar issue decided in the case of M/s. CBC Fashion (Asia) Pvt. Ltd. Versus The Assistant Commissioner (CT) [2017 (8) TMI 1203 - MADRAS HIGH COURT], where relying in the case of M/s. Everest Industries Limited Versus The State of Tamil Nadu, The Deputy Commissioner (CT) (FAC) [2017 (3) TMI 279 - MADRAS HIGH COURT], it was held that A plain reading of the provisions of sub-section (1) and sub-section (2) of Section 19 of the 2006 Act would show that, as long as specified goods, which suffer tax are used for any of the purposes set out in clauses (i) to (vi) of sub-section (2) of Section 19, the assessee should be able to claim the ITC, with a caveat in so far as clause (v) is concerned - the respondent directed to consider the petitioner's letter/representation, dated 01.06.2017, filed on 05.06.2017, taking note of the decision of the Court in M/s. Everest Industries Ltd.'s case - petition allowed by way of remand.
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