TMI Blog2023 (3) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... t exemption but also the corresponding input tax credit which is otherwise not available to exempted goods/sales. Under the TNVAT Act, sales to SEZ is treated as a Zero Rate Sale'', which is distinct from exemption - Under the TNGST Act exemption was thus granted in respect of sales tax, surcharge, resale tax and additional sales tax payable by any dealer on the sale of any goods made by such dealer to a registered dealer in SEZ for the purposes set-out in the said notification. Apart from the notification in G.O.Ms.No.15 granting exemption in respect of tax payable under the said Act by any dealer on the sale of goods made by such dealer to a registered dealer for the purposes set out in the notification, sale of goods to any registered dealer located in Special Economic Zone was treated to be a Zero Rate Sale under Section 18 read with Section 2(44) of the TNVAT Act. Zero Rating was a concept introduced for the first time in relation to tax on sale of goods in Tamil Nadu under Section 18 of the TNVAT Act. Zero Rate Sale is defined under Section 2 (44) of the TNVAT Act, to mean a sale on which no tax is payable but credit for input tax related to that sale is ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the TNVAT Act, export of goods is an essential condition but not the benefit of Zero Rate. d. Zero Rate is distinct from exemption and thus the provisions of Section 19 (5) of the TNVATAct would not get attracted. e. The impugned circular is set-aside to the extent it is contrary to the law declared by this Court. f. The provisions of Section 18 the TNVAT Act cannot be controlled by a notification under Section 30 of the TNVAT Act inasmuch as Section 18 of the TNVAT Act confers a larger benefit. It is open to an assessee to claim a larger/ greater benefit. g. The expression sale in Section 18 of the TNVAT Act must be understood keeping in view the definition of sale under Section 2(33) of the TNVAT Act. Thus, works contract or for that matter any of the categories of mutant sales which is deemed to be sale would fall within the meaning of the expression sale employed in Section 18 of the TNVATAct. Matter remanded back to the Assessing Authority, who shall re-do the assessment keeping in mind the law declared with regard to the scope of Section 18 of TNVAT Act - petition disposed off. - W.A.Nos.703, 704, 963, 964, 965, 966, 967, 968, 829, 830, 875, 876, 877, 882, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e nature of goods or transactions. The following Table gives a broad view of the nature of transactions/ activity undertaken by some of the appellants/ petitioners : S.No Case No. Impugned Order Nature of Activity 1. W.A.Nos.993 to 995 of 2015 Consolidated Construction TIN33140844351 Executed works contract for Special Economic Zone Customer 2. W.A.Nos.1013 and 1014 of 2015 Larsen and Toubro Ltd. TIN33800620015 Executed works contract for SEZ units and developers in the State. 3. TC Nos.36, 37 of 2016 and TVL.MW High Tech Projects S.T.V.A.T.No.85 of 2014 Engaged in the business of works contact. 4. TC Nos.5 to 10 of 2022 Cummins India Ltd. Order of Tribunal Engaged in the business of works contact. 5. W.A.Nos.875 to 877 of 2015 Philips India quash the Cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015 Noble Consolidated TIN No.33410821359/2007 3 AY Engaged in work contract 16. W.P.Nos.23653 23655 of 2021 CEE DEE YES Housing TIN 33330862143 for 32 AY Involved in the activity of execution of various building and construction contracts 17. W.P.Nos.1273 to 1276 of 2015 Arunachalam Co TIN 33470780101 for 3 AY Engaged in execution of civil works contract 18. W.P.Nos.1293 to 1295 of 2015 TIN No.33741662410 3 AY Asst. Commissioner Engaged in manufacture of construction machinery viz.,concrete mixing etc. 19. W.A.Nos.1660 to 1663 of 2015 Sujana Metal products Circular No.9/2013 -Act Cell-III/22237/2013 Dealer in iron and steel inside the state of TN and resale the same inside the state to locally as well as the units located in SEZ 20. W.A.Nos.948 to 952 of 2020 Swanag Construction Pvt Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods sold to dealers located in SEZ are exported as such or consumed or used in the manufacture of other goods that are exported as specified in sub-Section (2) to Section 18 of the TNVATAct. f) That Section 18 of the TNVAT Act, contemplates two independent benefits viz., Input Tax Credit and Refund, which was rejected. g) The submission that Section 18(2) of TNVATAct is inapplicable to clause (ii) of Section 18(1) of the TNVATAct was rejected on the premise that it amounts to inserting a new provision to the statute which is not contemplated. In other words, it would amount to rewriting the law. 3.1. After holding that export by the dealer purchasing the goods located in Special Economic Zone is a condition precedent for claiming the benefit of zero rate sale . The learned Single Judge disposed of the writ petitions granting liberty to the petitioners therein to file an appeal in case the challenge is to orders of assessment and to file objections in case the challenge was to the Show Cause Notice. 3.2. It is this order of the learned Judge which is the subject matter of challenge in this batch comprising of Writ Appeals. The tax appeals are against the order of the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere refund is claimed and not to cases such as that of the appellant/ assessee where only a claim of Zero Rate Sale i.e., sale on which no tax is payable but credit for the Input Tax related to that sale is admissible. Consequently, Section 18(2) of the TNVAT Act cannot be telescoped into Section 18(1)(ii) of that Act. h) The long title of the Special Economic Zones Act, 2005 ( the Central Act ) cannot control the scope and operation of the provisions of that Act. A reading of the SEZ Act and its Rules will show that a SEZ Unit can also make Domestic Tariff Area (hereinafter referred to as DTA ) sales. Consequently, requirement of an export cannot in any view be read into Section 18(1)(ii) of the TNVATAct. 4.3. Submissions of Mrs.Aparna Nandakumar: a) The concept of zero rating is unique and adopted from the Value Added Tax System prevalent in European VAT Laws, Australian GST and the like. This unique concept postulates that the taxable event viz., sale or supply has the benefit of Input Tax Credit even though the sale or the supply is itself exempt. b) The aspect of dual alternative benefit which flows from Section 18(1) of the TNVAT Act, 2006 is reinforced by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tside the country. c) The intention behind enacting the SEZ Act as could be discerned from the Preamble to the Act is to increase exports and thus Section 18 of the TNVAT Act must be understood in a manner that promotes the object of the SEZ Act and avoid a construction that would result in drifting away or diluting the object of the SEZ Act. d) Section 15 of the TNVAT Act which deals with Exempted Sale , covers sales of goods exempted by notification. The State Government vide notification in G.O.Ms.No.193 dated 30.12.2006 and G.O.Ms.No.15 dated 29.01.2016 issued in exercise of powers under Section 17 and 30 of the TNGST/TNVAT Act respectively provides for exemption from tax on sale of goods to a dealer located in SEZ subject to the conditions set out therein. G.O.Ms.No.15 being a notification issued under Section 30 of the TNVAT Act would fall within the meaning of Exempted Sale in terms of Section 15 of the TNVAT Act, thus Input Tax Credit shall not be allowed in view of the restriction/embargo contained in Section 19(5)(a) of the TNVAT Act. e) Placing reliance on the notification in G.O.Ms.No.15 dated 29.01.2016 issued under Section 30 of the TNVAT Act and on Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are created as open markets within an economy that is dominated by distortionary trade, macro and exchange regulation and other regulatory governmental controls. A long-held view is that investment, in particular foreign investment, in enclaves such as SEZ, pushes forward the process of industrial development. The first known instance of a SEZ seems to have been an Industrial park set up in Puerto Rico in 1947 to attract investment from the US mainland followed by few other countries. But it was China that made the world look at SEZ as a device to promote economic development with its largest SEZ being the metropolis of Shenzhen. b. Evolution of SEZ in India : With a view promote export which is one of the markers of economic development and to earn valuable foreign exchange, periodical experiments were carried out. India experimented with the concept of Export Processing Zones (EPZ). Economic Policies and legislations are a product/result of experimentation and made on the basis of trial and error. As a part of the continuing economic experiment in 2000, the new Export and Import Policy allowed SEZs to be set up in Public, Private or Joint sector or by the State G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sponding legislation such as TNSEZ Act, 2005. Extension of fiscal benefits being an integral part of the SEZ Scheme, the State legislatures extended/granted different benefits in the form of exemption and Zero-Rate . TNVAT provides for exemption vide G.O.Ms.No.15 and Zero Rating i.e., sales on which no tax is payable but input tax credit is admissible, while providing the additional benefit of refund under certain circumstances. The following Table contains the provisions relating to treatment of sales to dealers in SEZ by various States across the country : SI.No RELEVANT ACT AND PROVISIONS TAX TREATMENT OF SALE TO S.E.Z ZERO RATED SALES 1. Assam Value Added Tax Act, 2003 Section 9. Exceptions and Zero rating; and Section 2(59). Zero - rates Sales: Section 2(59). Zero-rated Sales: Zero-rated sales mean the sales which are subject to tax is charged and credit for Input Tax paid in the State is allowable. Section 9. Exemptions and Zero rating: Any sale of goods made by a registered dealer from a Domestic Tariff Area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Economic Zone as defined in the Gujarat Special Economic Zone Act, 2004 (Gujarat 11 of 2004); or (2) Sale of goods to a unit carrying on its business in the processing area or in the demarcated area of Special Economic Zone and approved as such by the Approval Committee as defined in the Gujarat Special Economic Zone Act, 2004 (Gujarat 11 of 2004): Provided that the sale of goods specified in Schedule III shall not be zero rated sale: Provided further that the sale of certain goods or sale of goods by any dealer or class of dealers as may be specified by the State Government by notification in the Official Gazette , shall not be zero rated sale. Section 2(37) zero rated sale means a sale of goods by a registered dealer to another registered dealer on which the rate of tax leviable shall be zero but tax credit on the purchase related to that sale is admissible. 5 Jharkhand Value Added Tax Act, 2005 Section 2 (viii) Explanation 2 (lxv) Zero rates sales Section 49. Sales not liable to tax and zero rates sales:- Explanation 2 ( lxv ) to Section 2(lviii) - Zero Rated Sales for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uantum ( a ) the same shall be adjusted against the tax liability, if any, under the Central Sales Tax Act, 1956 at the option of the dealer for the said tax period and only the remaining amount of the Central Sales Tax shall be payable; or ( b ) any amount of credit remaining after such adjustment shall be carried forward to the next tax period. 17. Input tax credit: (1) (2) .. (3) .. (4) Input tax credit shall be allowed for purchase of goods made within the State of Manipur from a registered dealer holding a valid certificate of registration and which are intended for the purpose of ( a ) sale or resale by him in the State of Manipur; or ( b ) use as raw material or as capital goods in the manufacturing and processing of goods other than those exempt from tax under this Act intended for sale in the State of Manipur; or ( c ) inter-States sales effected from the State of Manipur; or ( d ) manufacture of goods, production, processing, assembling, treating, repairing, reconditioning, re-engineering, packaging in Special Economic Zone (SEZ) and Software Technology Part (STP); or ( e ) for use as containers for packing of goods other than thos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 The Sikkim Value Added Tax Act, 2005 Section 22. Exports to be Zerorated: Section 22. Export to be Zero-rated: (1) A sale specified under Section 5 of the Central Act, by a dealer or an export oriented unit, shall be zero-rated and there shall be no tax payable on the turnover of such sale, and the person exporting the goods shall be entitled in the manner prescribed to a credit of input tax paid: ( a ) on the purchase of the goods sold in the course of export, or ( b ) on the purchase of inputs and capital goods which have been used for the manufacture of goods sold in the course of export: Provided that the input tax credit on account of capital goods shall be allowed only to the extent and in the manner prescribed. Explanation For the purpose of this section, all sale of inputs made to the dealers in a Special Economic Zone as notified by the Central Government under Section 5 of the Foreign Trade Regulation Act, 1988 shall also be zero-rated. 10. The Tamil Nadu Value Added Tax Act, 2006 Section 2(44). Zero rate sale : Section 18. Zero-rating: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 4(2)(d). Section 4(2)(d) A sale in the course of export of goods outside the Territory of India as specified under sub-section(1) and sub-section(3) of section 5 of the Central Sales Tax Act 1956 shall be Zero-Rated which means that there shall be no tax on the sale tumover of such transaction and the exporter shall be entitled to refund of tax paid by him on purchase of goods which are so exported Provided that units established in Special Economic Zones (SEZ), shall be entitled to claim refund of tax paid on purchase from units established in Domestic Tariff Area. The West Bengal Value Added Tax Act, Section 2(59) Section 21A(1) Zero Rated Sale Schedule AA Section 2(59). 2(59) zero-rated sale means a sale of any goods on which no tax is chargeable but credit for the input tax related to that sale is admissible or section 16A, sale of goods between persons whether dealer or not, or organisations as specified in column (2) of Schedule AA, shall be zerorated as defined in clause (59) of section 2 Schedule AA 4 By a dealer, to a dealer located in a Special Economic Zone (SEZ) EX ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reconditioning, re- engineering packaging or for use as packing material or packing accessories in an unit located in any Special Economic Zone. 17 Karnataka Value Added Tax Act, 2003 Section 20. Deduction of input Tax on exports and Inter-state sales Section 20. Deduction of Input Tax on exports andInter-state sales: 20 (1) Tax paid under this Act by any dealer on purchase of inputs in respect of (a) any goods sold in the course of export out of the territory of India, or (b) any goods taxable under the Act, sold in the course of interstate trade or commerce, or (c) any goods sold to a dealer who is a unit located in any special economic zone established under authorisation by the authorities specified by the Central Government in this behalf, or (d) any goods sold to a dealer who is an Export Oriented Unit, shall be deducted as provided under Section 10, from output tax payable by such dealer) (2) Goods sold by a registered dealer to any other registered dealer who is a unit located in any special economic zone established under authorisation by the authorities specified by the Central Government in this behalf or who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Goverment under the provisions of the Special Economic Zones Act, 2005 (Central Act No. 38 of 2005) 21 The Meghalaya Value Added Tax Act, 2003 Section 8. Exemption: Section 49. Refund: Section 8. Exemption: (1) (a) The sale of goods in the Schedule to be noted in the Official Gazeme shall be exempt from tax subject to conditions and exceptions set out therein (b) Supplies between Special Economic Zones (2) The following shall be zero rated sales for the purpose of this Act and shall be eligible for input tax credit (a) export from India (b) sales to Special Economic Zones (c) supplies from Domestic Tariff Area to Export Orientated Unit Electronic Hardware Technology Park/Software Technology Park Units for the purpose export only Section 49 Refund: 45 (5) The Commissioner shall in the prescribed manner refund to a registered dealer, the amount of tax paid or payable by him on the purchases of goods or input used directly by him in manufacture in Meghalaya on being satisfied that goods so purchased or manufactured were sold to Special Economic Zones in manufacture in Meghalaya, on being satisfied that goods so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered dealer for the purpose of setting up operation, maintenance, manufacture, trading, production, processing, assembling, repairing, reconditioning, re- engineering, packaging or for use as packing material or packing accessories in an unit located in any Special Economic Zone or for development, operation and maintenance of Special Economic Zone by the developer of the Special Economic Zone, if such registered dealer has been authorized to establish such unit or to develop, operate and maintain such Special Economic Zone by the authority specified by the Central Government in this behalf. 25 The Uttar Pradesh Added Tax Act, 2005 Section 13. Input Tax Credit: Section 13. Input Tax Credit: 13 (2) Notwithstanding anything to the contrary in any provision of subsection (1) of this section, credit of full or partial amount of input tax, in respect of all taxable goods, may be allowed to developer, co-developer and units established in Special Economic Zone for authorized operations subject to such conditions as may be specified in the notification issued by the state government Explanation For the purposes of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1970 (Tamil Nadu Act 14 of 1970);... c. Tax Treatment under TNGST Act: To effectuate the provision of Section 12(1)(a) of the TNSEZ Act, a notification was issued under TNGST Act, granting exemption on sales to SEZ. The relevant portion of the same reads thus : No. II(1)/CTR/58(h-14)/2006 (TNGG Extraordinary / December 30, 2006) (G.O. M.S. No. 193, Commercial Taxes and Registration (B2), 30th December 2006) In exercise of the powers conferred by sub-section (1) of Section 17 of the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1959) read with clause (b) of sub-section (4) of Section 2 of the Tamil Nadu Additional Sales Tax Act, 1970 (Tamil Nadu Act 14 of 1970), and in supersession of the Commercial Taxes Department Notification No. II(1)/CT/26(b-3)/2005, dated 28th June 2005, published at pages 2 and 3 of Part-11, Section 1 of the Tamil Nadu Government Gazette, Extraordinary, dated 28th June 2005, the Governor of Tamil Nadu hereby makes an exemption in respect of sales tax, surcharge, resale tax and additional sales tax payable by any dealer on the sale of any goods made by such dealer to a registered dealer for the purpose of setting up; opera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Special Economic Zone by the developer of the Special Economic Zone, if such registered dealer is authorized to establish such units or such other establishments within the Special Economic Zone or to develop, operate and maintain such Special Economic Zone by the Authority specified by the Government of India, subject to the following conditions. 9. Apart from the above notification granting exemption in respect of tax payable under the said Act by any dealer on the sale of goods made by such dealer to a registered dealer for the purposes set out in the notification, sale of goods to any registered dealer located in Special Economic Zone was treated to be a Zero Rate Sale under Section 18 read with Section 2(44) of the TNVAT Act. Zero Rating was a concept introduced for the first time in relation to tax on sale of goods in Tamil Nadu under Section 18 of the TNVAT Act. 10. The present controversy revolves around the scope and ambit of Section 18 of the TNVAT Act more particularly, whether export of goods by the purchasing dealer located in SEZ is a sine-qua non to qualify as a Zero Rate as held by the learned Single Judge. To resolve the above controversy, it is nec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , if such registered dealer has been authorised to establish such units by the authority specified by the Central Government in this behalf; and (iii)Sale of goods to International Organisations listed out in the Fifth Schedule. b. Zero Rate Sale is defined under Section 2 (44) of the TNVAT Act, to mean a sale on which no tax is payable but credit for input tax related to that sale is admissible. c. Zero-Rate Sale is distinct from exemption. Section 15 of the TNVAT Act provides that exempted sales would attract the restriction/embargo under Section 19(5) of the TNVAT Act. Section 19(5) of the TNVAT Act provides that no input tax credit shall be allowed in respect of sale of any goods exempted under Section 15 of the TNVAT Act. On the other hand, Zero-Rate Sale is defined to mean sale of any goods of which no tax is payable but credit for the Input Tax related to that Sales is admissible. d. Section 18(1) of the TNVAT Act provides for two distinct and independent benefits. Section 18(1) of the TNVATAct, provides that a dealer effecting a Zero Rate Sale shall be eligible for Input Tax Credit (or) refund of the amount of the tax paid on the purchase of goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion stipulated in Section 18 (2) of the TNVAT Act viz., the goods purchased must be exported as such or consumed or used in the manufacture of other goods that are exported must all be satisfied would result in distorting the scheme of Section 18 of the TNVAT Act. The construction placed by the learned Judge would result in importing the condition contained in Section 18(2) of the TNVAT Act in respect of all categories of sale covered by Section 18(1) of the TNVAT Act which would amount to rewriting the provision which is impermissible. The reasoning of the learned Judge overlooks the fact that under Section 18 of the TNVATAct, there are two class of beneficiaries and two kinds of benefits viz., a dealer effecting zero rate sale and claiming the benefit of zero rate sale viz., that tax is not payable on such sales and Input Tax Credit related to that sale is admissible and the second category being the dealer while claiming the above benefit of Zero Rate also make an additional claim for refund. It is the second category of dealers who are covered by Section 18(2) of the TNVAT Act, which requires that the purchasing dealer must export the goods purchased as such or consumed or used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld show that the two benefits are distinct and independent of each other. b. If two benefits are available it is open to the assessee to claim larger benefit: The attempt by the Revenue to restrict the scope of Section 18 read with 2(44) of the TNVAT Act on the basis of notification in G.O.Ms.No.15 dated 29.01.2016 which is a piece of subordinate / delegated legislation granting exemption is unsustainable. The scope and width of plenary legislation cannot be curtailed or whittled down by a notification. Zero Rating under Section 18 of the TNVAT confers a larger/greater benefit. Thus assuming there are two benefits with regard to the sale to any registered dealer located in SEZ viz., exemption granted vide G.O.Ms.No.15 and benefit of Zero Rate under Section 18 of the TNVATAct, it would be open to an assessee to claim the larger/greater of the two benefits. In this regard, it may be relevant to refer to the following judgments: i. CCE v. Indian Petro Chemicals, (1997) 11 SCC 318 at page 318: We have read the judgment and order of the Customs, Excise and Gold (Control) Appellate Tribunal under appeal. It came to the conclusion that two exemption notifications were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preted when we know why it was enacted. With this knowledge, the statute must be read, first as a whole and then section by section, clause by clause, phrase by phrase and word by word. If a statute is looked at, in the context of its enactment, with the glasses of the statute-maker, provided by such context, its scheme, the sections, clauses, phrases and words may take colour and appear different than when the statute is looked at without the glasses provided by the context. With these glasses we must look at the Act as a whole and discover what each section, each clause, each phrase and each word is meant and designed to say as to fit into the scheme of the entire Act. No part of a statute and no word of a statute can be construed in isolation. Statutes have to be construed so that every word has a place and everything is in its place. It is by looking at the definition as a whole in the setting of the entire Act and by reference to what preceded the enactment and the reasonsfor it that the Court construed the expression Prize Chit in Srinivasa (1980) 4 SCC 507 and we find no reason to depart from the Court's construction. (emphasis supplied) iii. CIT v. Hindus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally have some purpose and policy decision behind it. Such benefits are meant to be provided to the investors and manufacturers. Therefore, such purpose is not to be defeated nor those who may be entitled to it are to be deprived by interpreting the notification which may give it some meaning other than what is clearly and plainly flowing from it. (emphasis supplied) e. Sale under Section 18 of the TNVAT Act must be understood to include deemed sales: The submission that the expression 'sale' employed in Section 18 of the TNVATAct, while conferring the benefit of Zero Rate would not take within its folds, work contracts is contrary to the definition of Sale under Section 2(33) of the TNVAT Act, which includes transfer of property involved in the execution of works contract. The above submission is also contrary to the settled principle that fiction created by the legislature must be taken to its logical end. It may be useful to note that while sale was declared by the Hon'ble Supreme Court in the case of State of Madras v. Gannon Dunkerley Co. (Madras) Ltd., reported in 1958 (9) STC 353 to be nomen juris and would carry the same meaning as defi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. 16. To sum up : a. Section 18 of the TNVAT Act, confers two benefits viz., Zero Rate i.e., sale on which no tax is payable but on which Input Tax Credit is admissible and the second being refund in addition to the above benefit of Zero rate. The benefits are independent of each other. b. Export of goods is not a condition precedent or sine qua non to qualify as a Zero Rate sale as long as the sale falls within clause(ii) of Section 18 (1) of the TNVATAct. c. To claim refund in terms of the Section 18 (2) read with 18 (3) of the TNVAT Act, export of goods is an essential condition but not the benefit of Zero Rate. d. Zero Rate is distinct from exemption and thus the provisions of Section 19 (5) of the TNVATAct would not get attracted. e. The impugned circular is set-aside to the extent it is contrary to the law declared by this Court. f. The provisions of Section 18 the TNVAT Act cannot be controlled by a notification under Section 30 of the TNVAT Act inasmuch as Section 18 of the TNVAT Act confers a larger benefit. It is open to an assessee to claim a larger/ greater benefit. g. The expression sale in Section 18 of the TNVAT Act must be understood keeping ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
