TMI Blog2019 (3) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... ail the input tax credit on the purchase of same. This is a restriction or a condition specified in the notification. The Court cannot substitute words, nor delete any portion of the notification and redo the same as interpreted by the assessee. Very recently, the Hon'ble Supreme Court has held that strict interpretation has to be given to any exemption notification and the interpretation should lean in favour of the Revenue. Therefore, the contention advanced by the assessee does not merit acceptance. Penalty u/s 27(4) - Held that:- The Assessing Officer has clearly recorded a finding as to how the assessee has wrongly availed the input tax credit - the case would fall under Section 27(2) of the TNVAT Act and the penalty under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 19 of the Act? (iv) Whether the Tribunal is correct in dismissing the appeal filed by the petitioner even though the case of the petitioner is squarely covered by the Judgment of the Apex Court reported in 87 VST 190 (SC) Commercial Tax Officer vs. A.Infrastructure Limited? (v) Whether the Tribunal is correct in dismissing the appeal filed by the petitioner when the case of the petitioner is falling under Section 19(5), (6), (7), (8) and (9) of the Act. (vi) Whether the Tribunal is correct in recording that the notification was not challenged by the petitioner or any other dealer and the notification is still in force. The petitioner filed appeal and exhausted the remedy and the Tribunal failed to consider the po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Rate Of Tax Payable By Any Dealer On The Sale Of Certain Goods Under The Act No.II(1)/CTR/30(a-5)/2007 (TNGG Extraordinary/ March 23, 2007) [G.O. Ms. No.79, Commercial Taxes and Registration (B2), 23rd March 2007] In exercise of the powers conferred by subsection (1) of Section 30 of the Tamil Nadu Value Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006), the Governor of Tamil Nadu hereby makes a reduction in the rate of tax payable by any dealer on the sale of following goods to four per cent under the Said Act:- ............. ............. 12.Jolleys door and window frames made of R.C.C. and R.C.C. pipes (without input tax credit on purchase of cement) ............. ............. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee manufactures RCC pipes. For the assessee to be entitled to the reduced rate of tax at 4%, he should not avail the input tax credit on the purchase of same. This is a restriction or a condition specified in the notification. The Court cannot substitute words, nor delete any portion of the notification and redo the same as interpreted by the assessee. Very recently, the Hon'ble Supreme Court has held that strict interpretation has to be given to any exemption notification and the interpretation should lean in favour of the Revenue. Therefore, the contention advanced by the assessee does not merit acceptance. Further, it was contended that penalty imposed under Section 27(4) is also not justified. This contention also does not m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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