TMI Blog2023 (9) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... as is contemplated under Section 51 of the TNVAT Act within a period of thirty days from the date of receipt of a copy of this order. - Honourable Mr.Justice C.Saravanan For the Petitioner : Mr.K.Narayanan for Mr.Adithya Reddy For the Respondents : Ms.Amirtha Poonkodi Dinakaran Government Advocate ORDER The Writ Petition has been filed for the following relief:- to call for the records of the first respondent notice dated 20.01.2021 in Na.Ka.No.42/2021/A1 and quash the same to the extend that it requires the petitioner to pay 25% of the disputed tax and consequently direct the first respondent to take the appeal filed by the petitioner on 18.01.2021 against the second respondent order dated 18.12.2020 in TIN/3322290 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the input tax credit as determined by the assessing authority for any registered dealer, for a year, exceeds the tax liability for that year, it may adjust the excess input tax credit against any arrears of tax or any other amount due from him. If there are no arrears under the Act or after the adjustment there is still an excess of input tax credit, the assessing authority shall serve a notice in Form P upon such dealer . Section 42(5) of the Act specifies, Where the tax paid under this Act is found to be in excess on assessment or revision of assessment, or as a result of an order passed in appeal, revision or review, the excess amount shall be refunded to the dealer after adjustment of arrears of tax, if any, due from him. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt on 04.02.2020. 7. The learned Government Advocate for the respondents further submitted that since the credit has been already adjusted towards tax liability of the petitioner for the succeeding years, the question of allowing adjustment of the aforesaid amount for pre-deposit under Section 51 of the Tamil Nadu Value Added Tax (TNVAT) Act, 2006 does not arise. 8. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Government Advocate for the respondents. 9. The Writ Petition has to fail as no amounts remains for being adjusted towards pre-deposit in the Input Tax Credit of the petitioner. 10. Considering the above, the Writ Petition fails. However, liberty is given to the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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