TMI Blog2021 (7) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred any further appeal challenging the said judgment and therefore, the judgment became final and the said benefit is to be extended to all these petitioners - It was held in the said case that Since the substitution in the present case only seeks to set right an anomaly it necessarily has to be effective from the date of inception of the Act itself, retrospectively. Petition allowed - decided in favor of petitioner. - W.P.Nos.40116 of 2015, 28526, 37784, 38518 to 38520 & 43963 of 2016 and 2521 of 2017 and M.P.No.1 of 2015 and W.M.P.Nos.24631, 32378, 32379, 32999 & 33000 to 33004, 37788 of 2016 and W.M.P.No.2490 of 2017 - - - Dated:- 17-6-2021 - Honourable Mr.Justice S.M.Subramaniam For the Petitioner : Mr.AR.L.Sundaresan ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent could not be able to object the said contentions raised on behalf of the writ petitioners. Thus, this Court is inclined to follow the decision in the case cited supra. The relevant paragraphs of the said judgment are extracted hereunder: 7 . The claim of the assessee/petitioner was that with the substitution of sub clause (v) of Section 19(2), the benefit of ITC was available in respect of inter-State transactions whether covered by C-Form or not, in terms of both Section 8(1) and (2) of the CST Act. In short, the lis for consideration before me is 'whether the provisions of Section 19(2)(v) of the Tamil Nadu Value Added Tax Act, 2006 as amended by the Tamil Nadu Value Added Tax Act (Amendment Act, 2015) are retrospectiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of concessional rate of tax, upon production of a statutory Declaration form, to an interstate transaction with a registered dealer, and relating to specified goods. Section 8(2) stipulates that an interstate transaction with an unregistered dealer shall be visited with the same rate of tax as applicable to a domestic transaction involving identical goods. While Section 19(2)(v) extended input tax credit in respect of the transaction under Section 8(1), the same benefit was unavailable to the identical transaction with an unregistered dealer, taxable in terms of Section 8(2) of the CST Act. Though the benefit of ITC was initially restricted as an inducement to dealers to transact with registered dealers alone, Legislature has broadened, in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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