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M/s. Anugraha Valve Castings Ltd. Versus The Assistant Commissioner (CT) (FAC) , The Joint Commissioner (CT)

2016 (12) TMI 371 - MADRAS HIGH COURT

Rejection of Refund of the ITC u/s 18 of the TNVAT Act, 2006 - making moulds for the manufacture of valves - Held that: - In Sara Leathers vs. Commercial Tax Officer, Tambaram I Assessment Circle, Chennai [2009 (10) TMI 848 - MADRAS HIGH COURT], this Court considered the scope of Section 18 of the TNVAT Act with particular reference of Section 18(2) of the TNVAT Act and pointed that Section 18(2) of the TNVAT Act is emphatic in its wording, the dealer referred to therein to claim a refund is one .....

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Section 18. This aspect having not been considered, the matter requires re-consideration. - Appeal allowed by way of remand. - W. P. No. 34337 of 2015, M. P. No. 1 of 2015 - Dated:- 9-11-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr.S.Raveekumar for Mr. S. Prabhakaran For the Respondents : Mr. S. Kanmani Annamalai ORDER Heard Mr.S.Raveekumar, learned counsel appearing for Mr.S.Prabhakaran, learned counsel for the petitioner and Mr.S.Kanmani Annamalai, learned Additional Government Plea .....

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Added Tax Act, 2006 (TNVAT Act). The petitioner's case is that they have purchased consumables like Sodium silicate, Silica sand, Carbon-di-oxide and liquefied petroleum gas for the purpose of manufacture of moulds which are used in the manufacture of valves and other products which are exported. Therefore, by referring to sub-section (2) of Section 18 of the TNVAT Act, the petitioner claimed that they are entitled for refund. On such application being received, the respondent issued a show .....

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modities were used in the manufacture of steel alloy castings which were sold as taxable sales under the TNVAT Act and Central Sales Tax Act (CST Act) and the input tax credit has been adjusted to the output tax and the turnover details and output tax data have been furnished. Thus, they have stated that in terms of Section 18(2) of the TNVAT Act if the goods used in the manufacture of other goods which are exported as specified in Sub-section (1) of Section 18 of the TNVAT Act, they are entitle .....

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