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2016 (8) TMI 803 - MADRAS HIGH COURT

2016 (8) TMI 803 - MADRAS HIGH COURT - TMI - Assessment order - Revision of input tax credit purchase from registration cancelled dealers TNVAT - Held that: - Whatever benefits that has accrued to the petitioners based on valid documents in the course of sale and purchase of goods, for which tax has been paid cannot be declined. The transaction that took place when the registration certificates of the selling dealer were in force cannot be denied to the petitioners/assesses. The notices, rev .....

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Respondent : Mr.Manokaran Sundaram Additional Government Pleader JUDGEMENT COMMON ORDER Heard Mr.S.Ravee Kumar, learned counsel appearing for the petitioner and Mr.Manokaran Sundaram, learned Additional Government Pleader appearing for the respondents and with their consent, these writ petitions are taken up for disposal. 2.The petitioner is a registered dealer under the Tamil Nadu Value Added Tax Act, (TNVAT Act) and the Central Sales Act (CST Act). In these writ petitions, the petitioner has c .....

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fficer (CT), Chintadripet Assessment Circle, Chennai reported in (2013) 59 VST 256 (Mad), wherein the Court held as follows: 13.An almost identical issue was considered by the Supreme Court in State of Maharashtra v. Suresh Trading Company, (1998) 109 STC 439. In that case, the respondents, who were registered dealers under the Bombay Sales Tax Act, 1959, purchased goods during the period from 1.1.1967 to 31.1.1967 from one Sulekha Enterprises Corporation, who is also a registered dealer under t .....

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as well as the Maharashtra Sales Tax Tribunal. The High Court however reversed the decision and upheld the claims of the assessees, holding that disallowing the deductions claimed by the respondents would amount to tax on transactions which were otherwise not taxable. The Supreme Court, while dismissing the appeals filed by the Revenue, held as follows: "4.The High Court answered the question in the negative and in favour of the respondents. The High Court noted that the effect of disallowi .....

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at had happened subsequent to the date of the purchase, namely, the cancellation of the selling dealer's registration with retrospective effect, that the tax-free resales had become liable to tax, would be tantamount to levying tax on the resales with retrospective effect. 5.In our view, the High Court was right. A purchasing dealer is entitled by law to rely upon the certificate of registration of the selling dealer and to act upon it. Whatever may be the effect of a retrospective cancellat .....

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