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2015 (8) TMI 348 - MADRAS HIGH COURT

2015 (8) TMI 348 - MADRAS HIGH COURT - TMI - Reversal of input tax credit - Held that:- Court in the aforementioned Judgment viz., Sri Vinayaga Agencies vs. The Assistant Commissioner (CT) (2013 (4) TMI 215 - MADRAS HIGH COURT), has clearly and categorically held that the ITC claimed by the dealers cannot be reversed under Section 19(1) of TNVAT Act on the ground that the sellers have not paid the tax to the department, the writ petition is allowed and the impugned order is set aside - Decided i .....

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Shanmugam, challenging the impugned proceedings of the Commercial Tax Officer, Cuddalore Taluk Assessment Circle 1, Cuddalore, in TIN No.33984400200/2007-08 dated 6.5.2015. 3.1 Learned counsel for the petitioner would submit that the respondent cannot reverse the ITC at ₹ 13,08,993/- on the ground that the selling dealers have not paid the tax to the department. 3.2 According to the learned Counsel for the petitioner, the petitioner being a registered dealer under the Tamil Nadu Value Adde .....

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on the strength of tax invoices issued by that selling dealer. 3.3 Adding further, learned counsel for the petitioner would submit that accepting the monthly returns filed by the petitioner, which are filed as document Nos.3 to 14 in the typed set of papers, the respondent also passed the original assessment order in TIN.33984400200/2007-2008 dated 11.02.2009, allowing Input Tax Credit at ₹ 14,59,749/- claimed by the petitioner in respect of their purchases during that year from Tvl.Hiindu .....

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Dealer) (Rs) Tax paid by the Selling Dealer (Rs) Difference (Rs) 1 Tvl.Hindustan Unilever Limited 1303069 130412 1152657 (sic) 2 Tvl Sakthi Maligai 156336 0 156336 1459405 130412 1308993 3.5 Adding further, learned counsel for the petitioner would submit that immediately after receipt of the notice dated 27.03.2015, a detailed reply dated 03.05.2015 was filed stating that they had disclosed all the purchases made from Tvl.Hindustan Unilever Limited, Tamil Nadu and all tax invoices issued by that .....

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