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2017 (7) TMI 468 - MADRAS HIGH COURT

2017 (7) TMI 468 - MADRAS HIGH COURT - TMI - Extension of time to file objection - Input tax credit - capital goods - penalty - Held that: - the onus is on the petitioner to establish that these goods are capital goods and the petitioner is entitled for input tax credit on the same - After having fixed the date for personal hearing and filing the objection, the petitioner was not justified in seeking for two months further time. Therefore, this Court is satisfied that this is not a case, where t .....

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y, but subject to certain conditions - petition allowed. - W.P.Nos. 2184 to 2188 of 2017, W.M.P.Nos. 2158 to 2162 of 2017 - Dated:- 4-7-2017 - T. S. Sivagnanam, J. For the Petitioner : Mr. N. Viswanathan For the Respondent : Mr. K. Venkatesh ORDER Heard Mr. N. Viswanathan, learned counsel appearing for the petitioner and Mr. K. Venkatesh, learned Government Advocate appearing for the respondent. With the consent on either side, the Writ Petitions themselves are taken up for final disposal. 2. Th .....

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d and the following objections were raised namely:- (i) belated payment of monthly tax both under TNVAT and CST for the Assessment Year 2011-12 to 2015-16 for which the total interest liability worked out to ₹ 52,659/-. (ii) liability towards ITC reversal on purchase effected from Registration Certificate Cancelled Dealers, amounting to ₹ 3815/- together with interest. (iii) belated claim of ITC beyond 90 days from the date of invoice which is liable to be reversed amounting to ͅ .....

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8377; 1,94,739/-. (viii) liability towards ineligible claim of ITC on capital goods for the AY 2011-12 to n2015-16 amounting to ₹ 16,75,168/- by contending that in terms of Rule 10(4)(a) of TNVAT Rules, they are not eligible to take the credit for the only reason that they have not maintained the accounts and intimated to the assessing officer within 90 days from the date of commencement of business. 3. The authorized representative, who was present at the time of the proceedings of audit .....

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pinion. Pursuant to the tax audit, the respondent/Assessing Officer, issued show cause notice, dated 20.09.2016 for all the five assessment years and called upon the petitioner to submit their objection as to why input tax credit should not be denied on the ineligible capital goods. The petitioner was granted 15 days' time to submit their objection. On receipt of the notice, the petitioner sent a letter to the respondent, dated 27.10.2016, requesting time till December 2016. The respondent g .....

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en mentioned namely, electrical goods, weighing machine, Pallet truck, UPS, generator, etc., would fall within the definition of 'capital goods' as defined under Section 2(11) of the TNVAT Act and the finding of the respondent is erroneous. The contention raised by the petitioner is factual and the onus is on the petitioner to establish that these goods are capital goods and the petitioner is entitled for input tax credit on the same. Without establishing the same before the Assessing Of .....

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