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M/s. ESAB India Ltd Versus The Assistant Commissioner (CT)

Reversal of Income Tax Credit under Section 19 (2) (v) of the TNVAT Act - Rejection of application filed u/s 84 of the TNVAT Act - whether the petitioner's case will fall under the scope and ambit of the decision of this Court in the case of Everest Industries Limited -v- State of Tamil Nadu & another [2017 (3)279 - MADRAS HIGH COURT] - Held that: - The respondent should have only seen as to whether the case of the petitioner would fall within the scope and ambit of the decision made by this Cou .....

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the present case - appeal allowed by way of remand. - Writ Petition No. 13744 of 2017 - Dated:- 5-6-2017 - K. Ravichandrabaabu, J. For Petitioner : Mr.R.L.Ramani For Mr.B.Raveendran For Respondent : Mr.K.Venkatesh ORDER Mr.Venkatesh, learned Government Advocate takes notice for the respondent. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself. 2. The learned Senior Counsel appearing for the petitioner submitted that the impugned .....

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cation under Section 84 of the TNVAT Act, cannot be sustained. In other words, the learned Senior Counsel submitted that what should have been seen by the respondent is as to whether that the petitioner's case will fall under the scope and ambit of the decision of this Court made in the said Everest Industries Limited case and accordingly, the respondent should have decided the application filed under Section 84 of the TNVAT Act. 3. The learned Government Advocate fairly submitted that the r .....

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