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TMI Blog2018 (3) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... he excess can be adjusted against any outstanding tax due from the dealer/assessee The word 'any' has significance. The petitioner, being the registered dealer, both under the TNVAT Act and CST Act, would be entitled to adjust the ITC and for such liability under the CST Act - petition allowed - decided in favor of petitioner. - Writ Petition Nos.1001 to 1004 of 2018, W.M.P.Nos.1190 to 1193 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner has effected commission sales for the years to other state dealers against 'C' Forms and adjusted the tax due from the money, which has been accumulated to the input tax credit (ITC) of the petitioner. The respondent proposed that, adjustment of input tax credit is not eligible according to Section 19 (2) of the TNVAT Act read with Rule 10 (7) (c) of the TNVAT Rules, 2007. 3.1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the ratio decidendi, which has been laid down in the said decision. The Court, after referring to Section 19 (17) of the TNVAT Act, held that, if ITC determined by the Assessing Officer for a year exceeds the tax liability, then, the excess can be adjusted against the outstanding tax due from the assessee. The Department has not preferred any Appeal against the order passed in the case of Tvl. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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