TMI Blog2010 (4) TMI 1022X X X X Extracts X X X X X X X X Extracts X X X X ..... the moment the petitioner's turnover exceeded ₹ 50,00,000 and that he would not eligible to be assessed under section 3(4) of the Tamil Nadu Value Added Tax Act. The petitioner is hereby directed to furnish the details of the turnover crossing ₹ 50,00,000. On such furnishing of the details, the respondent shall take into account the Commissioner's clarification and pass orders in ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the form I monthly returns from April, 2007 to March, 2008 by taking credit of the tax paid on the purchases during the relevant assessment year 2007-08 and after adjusting the input-tax credit, it paid the tax under section 3(2) of the Tamil Nadu Value Added Tax Act, 2006. On December 18, 2009, the respondent determined the total and taxable turnover at ₹ 57,92,100 by accepting the turnove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n by way of rectification petition on February 9, 2010, pointing out to the clarification dated August 29, 2007 and requested the respondent to cancel the demand. By proceedings dated February 23, 2010, the respondent rejected the prayer by stating that it is open to the petitioner to get necessary relief from the appropriate forum against the order passed by the assessing authority. The petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent case. Hence, the petitioner is entitled to have the benefit of input-tax credit, once the turnover exceeds ₹ 50,00,000 limit. Going by the Commissioner's clarification, the benefit of input-tax credit has to be extended to the assessee like the petitioner, the moment the petitioner's turnover exceeded ₹ 50,00,000 and that he would not eligible to be assessed under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 limit for the purpose of granting the benefit of input-tax credit. In the circumstances, the order passed by the respondent is set aside and the petitioner is hereby directed to furnish the details of the turnover crossing ₹ 50,00,000. On such furnishing of the details, the respondent shall take into account the Commissioner's clarification and pass orders in accordance with law. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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