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2017 (9) TMI 1360 - HC - VAT and Sales TaxAdjustment of the input tax credit - refund of input tax credit - time limitation - The petitioner's specific case is that they have been making the claim in Form No.1 within the period prescribed under Section 19(11) of the State Act and hence, the respondent was not justified in issuing the show cause notices proposing to reverse the input tax credit on the ground that the claim was not made within 180 days as per Section 18 of the State Act. Held that: - it is admitted that the appeal is yet to be numbered and it is still in the SR stage - The settled legal position is that mere pendency of an appeal would not amount to stay of a judgment or order. In the instant case, the appeal is yet to be numbered - the decision 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], where it was held that the limitation provided in the proviso would apply only vis-a-vis the purpose specified in clause (v) and not qua other purposes set out in clause (i) to (iv) and (vi) of Section 19(2) of the 2006 Act. The impugned assessment orders are set aside in so far as the rejection of the petitioner's objections with regard to adjustment of input tax credit - Matter is remanded back to redo the asessment - petition allowed partly by way of remand.
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