TMI Blog2016 (7) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... on the dealer to reverse the input-tax credit availed of to that extent. Consequently, all notices issued to the petitioner for reopening and all consequential order passed reversing the input-tax credit to the extent of either four percent or five percent or on ad hoc percentage stands set aside. However, liberty is granted to the concerned assessing officer to issue appropriate show-cause not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en up for final disposal. 2. The learned counsel on either side submit that the issue involved in the writ petition is covered by the decision of this Court in the case in Interfit Techno Products Ltd., vs. Principal Secretary/Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai and another [(2015) VST 389(Mds)], wherein, this Court considered the issue regarding invisible loss and as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 which it is to be ascertained as to whether the representation made by the dealer is justified and is not hit by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting objections proceed in accordance with law. (5) The undertaking given by the dealer in form W is with regard to information furnished for the purpose of verification by the assessing officer under rule 11(2) of the VAT Rules for being entitled to refund under Section 18(2). Therefore, it is not as if the Act does not provide a remedy in the event of a wrong or erroneous refund sanctioned wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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