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2021 (3) TMI 235 - HC - VAT and Sales TaxRefund of Input Tax paid - Sales to 100% EOU - zero rated sale under Section 18 of the TNVAT Act, 2006 - HELD THAT:- Section 18 of the TNVAT, Act 2006 is very clear. There are two options available under the scheme of Section 18. In respect of sale effected to 100% EOU, a dealer is entitled to adjust the Input Tax Credit or claim refund under sub clause (2) to Section 18. The petitioner has opted to adjust the Input Tax Credit. The petitioner has not opted to claim the refund of Input Tax Credit subject on the sale effected to 100% EOU under sub clause (2) to Section 18. The impugned orders passed by the respondent holding that the petitioner was not entitled to refund and consequently not entitled to adjust the Input Tax Credit, is not sustainable - the impugned orders to that extent is set aside leaving the other issue open for the petitioner to take it on appeal before the Appellate Court, if desired - petition allowed in part.
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