9911796707
TMI Blog2020 (7) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... A SUMANTH For Petitioner : Mr. V. Srikanth For Respondents :Mr. Mohamed Shafiq Special Government Pleader O R D E R The petitioner is a dealer in nuts and spices and an assessee on the files of the respondent under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (in short 'Act'). For the period 2008-09, the petitioner received a show cause notice proposing reversal of Input Tax Cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent writ petition is filed. 4. Two issues arise in this Writ Petition. The first relates to the reversal of ITC on discounts received by the petitioner from the supplying dealers. Though both learned counsel have taken me in detail through the provisions of Section 2(41) and the Explanation thereunder, Rule 10(6)(B)(ii) of the Tamil Nadu Value Added Tax Rules, 2007 and Section 19(20) of the Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... retrospective operation of fiscal laws, we find that the amendment in-question fails to meet these tests. The High Court has primarily gone by the fact that there was no unforeseen or unforeseeable financial burden imposed for the past period. That is not correct. Moreover, as can be seen, sub-section (20) of Section 19 is altogether new provision introduced for determining the input tax in specif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... August 19, 2010. Thus, while upholding the vires of sub-section (20) of Section 19, we set aside and strike down Amendment Act 22 of 2010 whereby this amendment was given retrospective effect from January 01, 2007. 5. Thus the provision could not have been invoked in the present case, for the period, viz. 2008-09. The order of assessment is dated 11.12.2013, when the provision was part of Statute ..... X X X X Extracts X X X X X X X X Extracts X X X X
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