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2015 (8) TMI 1264 - MADRAS HIGH COURT

2015 (8) TMI 1264 - MADRAS HIGH COURT - TMI - Seeking correct tax rate - Sale of metal polishing soap used abrasively for polishing and smoothing the various metals - Whether to be classified under Entry 67 of Part B of I Schedule to the Act levying 14.5% VAT or under Entry 67-A of I Schedule levying 5% VAT - Held that:- in view of the clarification issued by Advance Ruling Committee , the goods are to be classified under Entry 67-A of I Schedule levying 5% VAT. - Decided in favour of petitioner .....

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as per Entry 67-A of Part-B of the I schedule of the Act. 2. In the affidavit filed in support of the writ petition, it is averred that the petitioner is the Proprietrix of the Tvl.Udhayam Chemicals. The petitioner is an assessee on the file of the 1st respondent herein under the provisions of the Tamil Nadu Value Added Tax Act, 2006. The petitioner is the manufacturer of Metal Polishing Soap. The petitioner has been assessed to tax under Section 27 of the TNVAT Act for the assessment year 2014- .....

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B of I Schedule. Since the 1st respondent has levied 14.5% VAT on the sales of Metal Polishing Soap under Entry 67 of Part B of I Schedule to the Act against the petitioner's claim of 5% as per Entry 67-A of I Schedule, the present writ petition has been filed for the relief stated above. 3. When the matter is taken up for consideration, the learned counsel for the petitioner has stated that a clarification was issued by the Advance Ruling Committee on 28.07.2015 stating as follows: "I .....

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