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M/s. Ellak Chem Industries Pvt. Ltd., rep. by its Authorised Signatory K.G. Jothis Kumar Versus The Commercial Tax Officer, Harur Assessment Circle, Harur, Dharmapuri District

2016 (7) TMI 140 - MADRAS HIGH COURT

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. C .....

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granted to the concerned assessing officer to issue appropriate show-cause notices to the petitioners clearly setting out under what circumstances they propose to revise or call upon the petitioner to reverse refund sanctioned and after inviting obj .....

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USTICE 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 a .....

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urt 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 to how .....

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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 dea .....

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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 1 .....

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in particular Section 19(9) of the VAT Act. (4) It is 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. Conseq .....

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the concerned assessing officer to issue appropriate show-cause notices to the petitioners clearly setting out under what circumstances they propose to revise or call upon the petitioner to reverse refund sanctioned and after inviting objections pro .....

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