Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2021 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 341 - HC - VAT and Sales TaxValidity of assessment order - reversal of Input Tax Credit - inputs damaged in transit or destroyed at some intermediary stage of manufacture - Section 19(9) sub-clause (iii) of TNVAT Act - periods 2008-09 to 2012-13 and 2011-12 to 2016-17 - HELD THAT:- Issue decided in the case of M/S. ARS STEELS & ALLOY INTERNATIONAL PVT. LTD. VERSUS THE STATE TAX OFFICER, GROUP – I, INSPECTION, INTELLIGENCE – I, CHENNAI [2021 (6) TMI 957 - MADRAS HIGH COURT] where it was held that the reversal of ITC involving Section 17(5)(h) by the revenue, in cases of loss by consumption of input which is inherent to manufacturing loss is misconceived, as such loss is not contemplated or covered by the situations adumbrated under Section 17(5)(h). The only difference between the matters covered by the above order and the present matters would be that the impugned orders in these matters are passed under the provisions of the TNVAT Act. The applicable provisions, Section 17(5)(h) of the TNGST Act and Section 19(9)(iii) of the TNVAT Act are in pari materia - petition allowed.
|