9911796707
TMI Blog2023 (2) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... ack into the main stream, the impugned orders are liable to be quashed and with few safeguards. In view of the fact that this Court has been consistently following the directions issued in the case of Tvl.Suguna Cutpiece Vs Appellate Deputy Commissioner (ST) (GST) and others and the Revenue/Department has also accepted the said view as evident from the fact that no appeal has been filed in any of the matters, this Court intends to follow the above order of this Court. Petition disposed off. - W.P(MD).No.24531 of 2022 and W.M.P(MD).Nos.18598 and 18599 of 2022 - - - Dated:- 28-10-2022 - MRS. S.SRIMATHY, J. For Petitioner : Mr.N.Sudalaimuthu For Respondents : Mr.Nandakumar, Senior Standing Counsel Assisted by Mr.S.Ragavent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f such returns have not been already filed, together with tax defaulted which has not been paid prior to cancellation along with interest for such belated payment of tax and fine and fee fixed for belated filing of returns for the defaulted period under the provisions of the Act, within a period of forty five (45) days from the date of receipt of a copy of this order, if it has not been already paid. ii. It is made clear that such payment of Tax, Interest, fine / fee and etc. shall not be allowed to be made or adjusted from and out of any Input Tax Credit which may be lying unutilized or unclaimed in the hands of these petitioners. iii. If any Input Tax Credit has remained utilized, it shall not be utilised until it is scrutinize ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... losed. The same has been consistently thereafter followed by this Court in various decisions, viz., a) M/s.Maaruthi Foundations Private Limited Vs Deputy Commissioner (ST) (FAC), reported in 2022 (5) TMI 405 b) J.Jayakrishnan Vs The Additional Chief Secretary/Commissioner of Commercial Taxes, Chennai reported in 2022 (7) TMI 1226 c) TVL.Jeyalakshmi Store represented by its Proprietor, Sivanu Pandian Vs Commissioner of Commercial Taxes reported in 2022 (7) TMI 1275 d) M/s.Pearl and Company Vs The Commissioner of Commercial Taxes in W.P(MD)No.19127 of 2022. 4. It is also submitted by the learned Senior Standing Counsel for the Respondent that it is not open to the appellate authority to pass any orders disr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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