TMI Blog2021 (10) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... 021] 95 G S.T.R. 161 (Mad) & 2022 (58) G. S. T. L. 267 (Mad.) - Reversal of input tax credit - no C declaration form made available or filed by the petitioner for part of value - section 19(2)(5) read with section 19(5)(c) of the Tamil Nadu value Added Tax Act, 2006 and Rule 10(9)(a) of Tamil Nadu Value Added Tax Rules, 2007 - HELD THAT:- In the judgment in M/S. EVEREST INDUSTRIES LIMITED VER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordingly, the learned counsel claimed that, the said benefit given in Everest Industries Limited case shall also be extended to the petitioner - the impugned pre-revision notice is quashed - petition allowed. - W.P.(MD) No.10624 of 2012 and WP(MD)No.1 of 2012 - - - Dated:- 31-8-2021 - THE HONOURABLE MR.JUSTICE R.SURESH KUMAR For the Petitioner : Mr. R. Krishnamoorthy for Mr.T.Bashyam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on the ground that the petitioner had effected interstate sales to the value of ₹ 29,26,844/- during 2010- 2011, out of which, they have submitted the C declaration form to the value of only ₹ 20,49,821/- and therefore, there was no C declaration form made available or filed by the petitioner for the remaining volume of ₹ 8,77,023/-. Therefore, a reversal of Input Tax Credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een further appealed or not, is to be ascertained, but any how, if at all, the said judgment is applied to the present facts of the case, and if ultimately, any further appeal has been filed as against the judgment in Everest Industries Limited case, the same fare has to be met by the present petitioner also, he contended. 5.In the said judgment in Everest Industries Limited case referred to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioner that the same logic and the principle would apply to the facts of the present case also, accordingly, the learned counsel claimed that, the said benefit given in Everest Industries Limited case shall also be extended to the petitioner. 6. In view of the said decision, which can be followed in the present case also, in view of the facts and circumstances referred to above, thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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