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2016 (7) TMI 281 - MADRAS HIGH COURT

2016 (7) TMI 281 - MADRAS HIGH COURT - TMI - Input tax credit - Penultimate sake in the course of export - It was observed by the appellate authority that, the sales effected by the petitioners are not zero rated sales falling under Section 18(1) of the TNVAT Act, 2006 and they are not eligible for ITC or refund of the tax paid on the purchase of goods including the capital goods. Further, it was pointed out that they have not produced form H to establish their case. - Held that:- It is seen .....

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in favor of assessee. - W.P.No.15627 of 2016 and W.M.P.No.13580 of 2016 - Dated:- 7-6-2016 - Mr. JUSTICE T.S.SIVAGNANAM For the Petitioner : Mr.N.Inbarajan For Respondent : Mr.Manoharan Sundaram, A.G.P., ORDER Heard Mr.N.Inbarajan, learned counsel appearing for the petitioner, and Mr. Manoharan Sundaram, learned Additional Government Pleader appearing for the respondents and with their consent, the writ petition itself is taken up for final hearing. 2.The petitioner is the registered dealer und .....

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the first at the hands of the dealers and not the last sale as specified under Section 5(3) of the CST Act, 1956. Further, it was stated that the petitioner could not obtain and produce form H from the exporters. Hence, the ITC availed by the petitioner in respect of the sales made to 100% Export Oriented Units needs to be reversed. Apart from that, the respondent also proposed to levy penalty under Sec.27(3)/27(4) of the TNVAT Act. 3.The petitioner submitted a reply on 17.03.2016 raising severa .....

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