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2015 (4) TMI 1142 - MADRAS HIGH COURT

2015 (4) TMI 1142 - MADRAS HIGH COURT - TMI - Denial of input tax credit - registration certificate - cancellation with retrospective effect - Held that: - the decision in the case of JINSASAN DISTRIBUTORS v. CTO [2013 (4) TMI 615 - MADRAS HIGH COURT] apply. - Respondent cannot deny the benefit of input-tax credit to the petitioner - writ petition allowed - decided in favor of petitioner. - W.P. Nos. 11404 to 11407 of 2015 and M.P.Nos. 1 of 2015 - Dated:- 20-4-2015 - MR. T. RAJA J. For Petit .....

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the petitioner. 3. Mr. S. Kanmani Annamalai, learned Additional Government Pleader, who takes notice for the respondent, in reply, fairly conceding to the arguments advanced by the learned counsel for the petitioner, submitted that as against the order passed, writ appeal has been filed and the same is also pending without any order of stay. 4. In the decision reported in (2013) 59 VST 256(MAD.), it has been held as under:- "8. The fact that the petitioners herein/assessees under the TNVAT .....

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dealers, who sold the goods to the petitioners herein. It is also not in dispute that the registration certificates of the selling dealers have been cancelled with retrospective effect. That appears to be the one and only ground for initiating the action and therefore the challenge. 9. The question now to be considered is whether the cancellation of the registration certificates of the selling dealers with retrospective effect will entitle the Department to reverse the input-tax credit already a .....

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