Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2022 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 979 - MADRAS HIGH COURTValidity of assessment order - Reversal of ITC - Cash refund of Input Tax Credit - Section 19(2)(v) of TNVAT Act - HELD THAT:- The Scheme provided for a cash refund of input tax upon condition that the petitioner had not availed the benefit of reversal as provided for under Section 19(2)(v) of the Act. In the absence of a claim or credit, the question of reversal does not arise. It was for this purpose and in light of the distinction made that the Division Bench had set aside the order of the learned single Judge that had been passed on the anvil of Section 19(2)(v), remanding the matter to the file of the learned single Judge for decision in regard to the distinction made by the petitioner - Since the decision on the aspect of applicability of Section 19(2)(v) impacts the case of manufacturers as well, of which the petitioner is, admittedly, one, the petitioner does not wish to make a foray into the argument taken by it in W.A.No.1654 of 2019 [2018 (3) TMI 1272 - MADRAS HIGH COURT]. It merely wishes to obtain the benefit of the decision of the Division Bench in W.A.No.1260 of 2017 [2022 (4) TMI 1204 - MADRAS HIGH COURT]. There are no divergent views on the narration as captured in the preceding paragraphs and in light of the same, this Writ Petition is liable to be allowed.
|