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TMI Blog2022 (8) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... PRESENTED BY ITS SECRETARY COMMERCIAL TAXES DEPARTMENT, THE DEPUTY COMMISSIONER (CT) (FAC) VERSUS M/S. EVEREST INDUSTRIES LIMITED [ 2022 (4) TMI 1204 - MADRAS HIGH COURT] to the effect that the amendment to Section 19(2)(v) is curative and declaratory, the petitioner is entitled to the relief as sought and the impugned assessment order is set aside. Petition allowed. - W.P.No.4673 of 2019 An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Department, The Deputy Commissioner (CT) (FAC) V. M/s.Everest Industries Limited (2022 (4) TMI 1204) has decided the aforesaid issue in favour of the assessee and the relevant portion of the order reads as follows: ........ 139. In the present case, the mischief is two in numbers. Firstly, the one identified by the State and the other, the counter mischief occasioned by their curative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the correct statement of objects and reasons and also from the contention of the Department that the amendment was brought in only to cure the defect and when it caused adverse effects, the same was withdrawn and substituted with a new provision, the time in that case is reversed. The amendments restore the benefit to all the dealers effecting interstate sale. As rightly pointed out by the counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rocessing of the goods within the State, the subsequent event of the manufactured goods being sold by way of inter-state / intra-state sale would have no bearing nor does it result in imposing any limitation/restriction or whittle down the right to ITC earned in terms of Section 19(2)(ii) or 19(2)(v) of the TNVAT Act in the interregnum period. 3. In light of the aforesaid categoric findings a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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