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2018 (4) TMI 280 - HC - VAT and Sales TaxValidity of assessment order - TNVAT Act - whether the percentage of loss of materials (invisible loss) as computed by the respondent is correct? - effect of Section 19(2)(5) of the Act - Held that: - Though on the date when the impugned order was passed, the decision in the case of Interfit Techno Products Ltd. Vs.Principal Secretary/Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai and another [2015 (4) TMI 935 - MADRAS HIGH COURT] was very much available, the impugned order was set aside and the matter was remanded back to submit objections and the assessment was ordered to be re-done. Effect of Section 19(2)(5) of the Act - Held that: - writ appeals have been preferred by the State, against the order in the case of Everest Industries Limited Vs. State of Tamil Nadu And Another, and the appeals are yet to be numbered - mere pendency of such appeals cannot operate as stay of orders in Everest Industries Limited - the assessment requires to be re-done. Petition allowed by way of remand.
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