TMI Blog2017 (11) TMI 1617X X X X Extracts X X X X X X X X Extracts X X X X ..... arely apply to the facts of the case, wherein it has been held that the assessee was entitled to avail benefit of input tax credit, once the turnover exceeds ₹ 50,00,000/- limit - petition allowed. - W.P.No.28478 of 2008 - - - Dated:- 3-11-2017 - MR. T.S.SIVAGNANAM, J. For The Petitioner : Mr.P.Rajkumar For The Respondent : Mr.S.Kanmani Annamalai, Additional Government Pleader ORDER Heard Mr.P.Rajkumar, learned counsel appearing for the petitioner and Mr.S.Kanmani Annamalai, learned Additional Government Pleader appearing for the respondent. 2. The petitioner, who is a registered dealer on the file of the respondent under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (in short TNVAT Act ), is ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould have no application to the instant case. The question of restricting the input tax credit for 90 days is incorrect. If such is the situation, it goes without saying that the petitioner would be entitled to input tax credit for the entire period, as the petitioner has paid higher rate of tax. This very issue has been answered by this Court in the case of C.K.G. Agencies vs. Asst. Commissioner (CT), reported in (2012) 54 VST 501 (Mad). The operative portion of the order is as follows: The petitioner herein opted to pay compounding tax as per section 3(4) of the Tamil Nadu Value Added Tax Act, 2006, as the assessee expected the turnover for the year 2007-08 as between ₹ 10 lakhs and ₹ 50 lakhs. The petitioner filed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ebruary 9, 2010, pointing out to the clarification dated August 29, 2007 and requested the respondent to cancel the demand. By proceedings dated February 23, 2010, the respondent rejected the prayer by stating that it is open to the petitioner to get necessary relief from the appropriate forum against the order passed by the assessing authority. The petitioner submits that having regard to the clarification given by the Commissioner, which is binding on the assessing officer, once the petitioner crosses the turnover of ₹ 50,00,000, he is eligible for the benefit of input-tax credit. It is not denied by the respondent that the petitioner had paid tax at four per cent and 12.5 per cent for every month as per section 3(2) of the Tamil Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition filed by the petitioner, there are hardly any details as to the month when the turnover exceeded ₹ 50,00,000 limit for the purpose of granting the benefit of input-tax credit. In the circumstances, the order passed by the respondent is set aside and the petitioner is hereby directed to furnish the details of the turnover crossing ₹ 50,00,000. On such furnishing of the details, the respondent shall take into account the Commissioner's clarification and pass orders in accordance with law. With the above observation, the writ petitions are disposed of. No costs. Consequently, connected MPs are closed. 6. The above decision would squarely apply to the facts of the case, wherein it has been held that the assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
