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2021 (10) TMI 481 - HC - VAT and Sales TaxInput Tax Credit - inter-state trade or commerce - credit reversed or not allowed by the respondent revenue / assessing authority on the ground of applying proviso to Section 19(2) (ii) & (vi) of the TNVAT Act - HELD THAT:- Where the issue has been settled as early as in the year 2017 in M/S. EVEREST INDUSTRIES LIMITED VERSUS THE STATE OF TAMIL NADU, THE DEPUTY COMMISSIONER (CT) (FAC) [2017 (3) TMI 279 - MADRAS HIGH COURT] that proviso in question cannot be made applicable to the category of dealers industries or manufacturers like the petitioners and therefore, they are entitled to get full credit of ITC. Therefore, such a reversal is not possible by applying the said proviso by deducting 3 percent. This Court feels that, all these impugned orders are liable to be interfered with, as that was passed only by making application applying the proviso to Section 19(2) (ii) & (vi) of the TNVAT Act - Petition allowed.
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