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TMI Blog2021 (7) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... lready dealt with elaborately by the Madurai Bench of the Madras High Court in TVL. BHARATH TRADERS VERSUS THE COMMISSIONER OF COMMERCIAL TAXES, THE COMMERCIAL TAX OFFICER, SOUTH AVANI MOOLA STREET CIRCLE, MADURAI [ 2019 (8) TMI 1699 - MADRAS HIGH COURT ]. Further, the respondent department has also not preferred any further appeal challenging the said judgment and therefore, the judgment became final and the said benefit is to be extended to all these petitioners - It was held in the said case that Since the substitution in the present case only seeks to set right an anomaly it necessarily has to be effective from the date of inception of the Act itself, retrospectively. Petition allowed - decided in favor of petitioner. - Honourable Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers. 5.The learned counsel for the respondent could not be able to object the said contentions raised on behalf of the writ petitioners. Thus, this Court is inclined to follow the decision in the case cited supra. The relevant paragraphs of the said judgment are extracted hereunder: 7 . The claim of the assessee/petitioner was that with the substitution of sub clause (v) of Section 19(2), the benefit of ITC was available in respect of inter-State transactions whether covered by C-Form or not, in terms of both Section 8(1) and (2) of the CST Act. In short, the lis for consideration before me is 'whether the provisions of Section 19(2)(v) of the Tamil Nadu Value Added Tax Act, 2006 as amended by the Tamil Nadu Value Added Tax Act (Amendme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e benefit of concessional rate of tax, upon production of a statutory Declaration form, to an interstate transaction with a registered dealer, and relating to specified goods. Section 8(2) stipulates that an interstate transaction with an unregistered dealer shall be visited with the same rate of tax as applicable to a domestic transaction involving identical goods. While Section 19(2)(v) extended input tax credit in respect of the transaction under Section 8(1), the same benefit was unavailable to the identical transaction with an unregistered dealer, taxable in terms of Section 8(2) of the CST Act. Though the benefit of ITC was initially restricted as an inducement to dealers to transact with registered dealers alone, Legislature has broa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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