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2016 (7) TMI 140 - MADRAS HIGH COURT

2016 (7) TMI 140 - MADRAS HIGH COURT - TMI - Input tax credit - invisible loss during manufacturing - Held that:- the assessing authorities are not justified in adopting uniform percentage as invisible loss and calling upon 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 percentag .....

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.P.No.8499 of 2016 - Dated:- 16-6-2016 - MR.JUSTICE T.S.SIVAGNANAM For the Petitioner : Mr. R. Seenniappan For the Respondent : Mr. Manokaran Sundaram, A.G.P. ORDER Heard Mr.R.Seenniappan, learned counsel for the petitioner and Mr.Manokaran Sundaram, learned Additional Government Pleader, who accepts notice for the respondent and with the consent of parties, the writ petition itself is taken up for final disposal. 2. The learned counsel on either side submit that the issue involved in the writ p .....

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sult.- (1) . . . . . (2) . . . . (3) For the reasons assigned, it is not sufficient for a dealer claiming refund under Section 18(2) of the Act to show that he has paid input tax on the goods purchased; that those goods are used in the manufacture and nothing more but there is duty upon the dealer to satisfy the assessing 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 author .....

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