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TMI Blog2017 (9) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to pursue their Appeals. - W. P. Nos. 21951 and 21952 of 2017 - - - Dated:- 18-8-2017 - T. S. Sivagnanam, J. For the Petitioner : Mr.S.Ramanathan For the Respondent : Mr.K.Venkatesh, ORDER Heard Mr.S.Ramanathan, the learned counsel appearing for the petitioner and Mr.K.Venkatesh, the learned Government Advocate, appearing for the respondent, in both these writ petitions. With consent of the learned counsel appearing for both sides, the writ petitions are taken-up for final disposal at the admission stage itself. 2. The petitioner, who is a registered dealer on the file of the respondent, under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (in short the TNVAT Act ) and Central Sales Tax Act, 1956, is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchase taxable goods specified in the First Schedule, which were sold in the course of Inter-State Trade or Commerce against declarations made in form 'C', an assessee would be allowed ITC only in excess of 3% of the tax paid on such purchases. 20.2 Therefore, there is, to my mind, nothing in the proviso, which will have me come to the conclusion that, it is attracted to any of the other clause referred to in sub-section (2) of Section 19 of the 2006 Act. 20.3 A plain reading of the provisions of sub-section (1) and sub-section (2) of Section 19 of the 2006 Act would show that, as long as specified goods, which suffer tax are used for any of the purposes set out in clauses (i) to (vi) of sub-section (2) of Section 19, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Added Tax Act, 2006, which was introduced with effect from 11-11-2013 will be withdrawn henceforth to make the manufacturing industries in Tamil Nadu more competitive with their counterparts in the neighbouring States. 4. The learned counsel appearing for the petitioner, in both the writ petitions, submits that, by applying the law laid down by the Court, in the decision referred to supra, it has to be necessarily held that reversal of ITC, directed to be paid by the petitioner, is not tenable. 5. The learned Government Advocate appearing for the respondent, on the other hand, would oppose the relief sought for by the petitioner, by contending that as against the decision in the case of M/s.Everest Industries Ltd.'s case (supr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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