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2015 (5) TMI 31 - MADRAS HIGH COURT

2015 (5) TMI 31 - MADRAS HIGH COURT - TMI - Inputs loss during production - Held that:- Following decision of Interfit Techno [2015 (4) TMI 935 - MADRAS HIGH COURT] - Decided in favour of assessee.

Going by the object of the enactment, the Assessing Officer is bound to examine the refund claim under Section 18 in accordance with the procedure stipulated for availing input tax credit by applying Section 19 of the VAT Act and it is only then, the Authority can pass an order on a refund .....

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ed to the petitioner for reopening and all consequential order passed reversing the input tax credit to the extent of either 4% or 5% or adhoc basis stands set aside. However, liberty is granted to the concerned Assessing Officer to issue show cause notices to the petitioners clearly setting out the circumstances under which they propose to revise or call upon the petitioner to reverse refund sanctioned and after receiving their objections shall proceed in accordance with law.

Sectio .....

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ed:- 11-3-2015 - M Duraiswamy, J For The Petitioner : Mr R Senniappan For The Respondent : Mr Cibi Vishnu, AGP (T) ORDER Heard the learned counsel for the petitioner and Mr.Cibi Vishnu, learned Additional Government Pleader(T), who takes notice for the respondent. 2. By consent of both the counsels, the writ petition itself is taken up for final hearing at the admission stage. 3. The above writ petition has been filed by the petitioner to issue a writ of certiorarified mandamus to call for the r .....

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in a batch of writ petitions in W.P.No.13901 of 2013 etc. batch dated 26.11.2014, disposed of the writ petition in terms of the order passed in the said batch of writ petitions.5. This Court in W.P.No.13901 of 2013 etc. batch dated 26.11.2014 has passed the following order:- "63. In the result, (1) the challenge to the impugned circular is held to be unnecessary since the circular is a non statutory circular and is in the nature of guideline and the prayer for quashing the circular is reje .....

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Authority that the claim is not hit by any of the restrictions or conditions contained under Section 19 of the VAT Act. In this regard, it is essential for the Assessing Authority to embark upon the fact finding exercise to ascertain the quantum of loss of the goods which were purchased on which tax was paid vis-a-vis the goods manufactured from and out of the goods purchased and to examine as to whether they fall within any of the restrictions contained in Section 19 of the VAT Act. The Assess .....

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