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TMI Blog2023 (2) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... dent has rejected the petitioner's request for carrying forward of unutilized VAT TDS to the new GST regime without giving any reason. 3. A learned Single Judge of this Court in the case of M/s.DMR Constructions Vs. Assistant Commissioner, Commercial Tax Department, Rasipuram, Namakkal District reported in 2021 (4) TMI 261 - Madras High Court has elaborately dealt with this issue. In the said batch of Writ Petitions also, the very same issue was involved and the respondents had denied the carrying forward of accumulated credit in respect of TDS during the TNVAT regime. 4. The learned Single Judge has referred to various decisions rendered by the Honourable Supreme Court as well as by this Court and has given the following findings whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and no provision or Rule is brought to my notice in support thereof. 25. Form P determines the refund after adjusting the monthly payments made towards the final tax liability. This has no bearing on the scheme of tax credit in vogue under the Sales Tax Act that provides for carry forward of credit from year to year, such carry forward and accumulated credit automatically reflected in the account of the assessee with the department and automatically set off against output tax liability. 26. The observations of the Supreme Court to the effect that advance tax and TDS under the provisions of the Income tax Act do not carry interest as they do not bear the character of tax, are not applicable to the issue in discussion now. 27. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 32. My conclusion also finds support from the language of Section 20 of the TNVAT Act dealing with assessment of tax, as per which, tax under that Act was to be assessed, levied or collected in the manner prescribed, bringing within the ambit of assessment, collection by way of deduction under Section 13 of that Act. 33. In Magma Fincorp Ltd. V. State of Telangana (2019 (26 GSTL 7) the High Court at Telangana has considered this very issue, interpreting Section 140 purposively stating that 'Once it is admitted that credit was available to the petitioner on the date of switch over from VAT regime to GST regime and once it is admitted that the petitioner may be entitled to make a claim for this credit in other modes, we think that the secon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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