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HI-TECH CHEMICAL, DHARMPURI DISTRICT Versus THE COMMERCIAL TAX OFFICER, HARUR ASSESSMENT CIRCLE HARUR

2015 (5) TMI 31 - MADRAS HIGH COURT

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 claim. Therefore, the processing of refund a .....

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onsequential 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.

Section 18 of VAT Act is subject to the restrictio .....

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itioner : 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 records on the file of the respondent dated 1 .....

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1 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 rejected. (2) Section 18 of the TNVAT Act is not .....

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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 Assessing Officer has to conduct an exercise by wh .....

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