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2016 (8) TMI 477 - MADRAS HIGH COURT

2016 (8) TMI 477 - MADRAS HIGH COURT - TMI - Input tax credit transactions with registration cancelled dealers - effect of cancellation of registration certificate of the selling dealers on the purchasing dealers Tamil Nadu Value Added Tax principles of natural justice - Held that: - The retrospective cancellation of the registration certificates issued to the selling dealers cannot affect the right of the petitioners/assessees, who have paid the tax on the basis of the invoices and therea .....

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Petitioner : Mr.S.Ravee Kumar For the Respondent : Mr.S.Kanmani Annamalai, AGP (T) ORDER Heard Mr.S.Ravee Kumar, learned counsel for the petitioner and Mr.S.Kanmani Annamalai, learned Additional Government Pleader (Tax) for the respondent, and with the consent of either side, the writ petitions are taken up for disposal. 2. The petitioner is a registered dealer on the file of the respondent under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (TN VAT Act). In this writ petition, the .....

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sue directions to the petitioner to reverse the Input Tax Credit (ITC) on the ground that he has effected transactions with the registration cancelled dealers, the question would be whether the annexures filed by those dealers could have been taking into consideration for the purpose of reversing the ITC under separate head. On a reading of the pre-assessment notice as well as the impugned order, it is evidently clear that there is a lot of confusion in the minds of the assessing officer and the .....

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sidered the issue as to what is the effect of cancellation of registration certificate of the selling dealers on the purchasing dealers and while deciding the question, it was held as follows: 12. Insofar as the cancellation of the registration certificates of the selling dealers is concerned, it is for those selling dealers to canvas the plea as to when it will take effect either on the date of the order or with retrospective effect. Insofar as the petitioners are concerned, they have purchased .....

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