9911796707
TMI Blog2023 (3) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... ption but also the corresponding input tax credit which is otherwise not available to exempted goods/sales. Under the TNVAT Act, sales to SEZ is treated as a Zero Rate Sale , which is distinct from exemption - Under the TNGST Act exemption was thus granted in respect of sales tax, surcharge, resale tax and additional sales tax payable by any dealer on the sale of any goods made by such dealer to a registered dealer in SEZ for the purposes set-out in the said notification. Apart from the notification in G.O.Ms.No.15 granting exemption in respect of tax payable under the said Act by any dealer on the sale of goods made by such dealer to a registered dealer for the purposes set out in the notification, sale of goods to any registered dealer located in Special Economic Zone was treated to be a Zero Rate Sale under Section 18 read with Section 2(44) of the TNVAT Act. Zero Rating was a concept introduced for the first time in relation to tax on sale of goods in Tamil Nadu under Section 18 of the TNVAT Act. Zero Rate Sale is defined under Section 2 (44) of the TNVAT Act, to mean a sale on which no tax is payable but credit for input tax related to that sale is admissible - On a plain read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndition but not the benefit of Zero Rate. d. Zero Rate is distinct from exemption and thus the provisions of Section 19 (5) of the TNVATAct would not get attracted. e. The impugned circular is set-aside to the extent it is contrary to the law declared by this Court. f. The provisions of Section 18 the TNVAT Act cannot be controlled by a notification under Section 30 of the TNVAT Act inasmuch as Section 18 of the TNVAT Act confers a larger benefit. It is open to an assessee to claim a larger/ greater benefit. g. The expression sale in Section 18 of the TNVAT Act must be understood keeping in view the definition of sale under Section 2(33) of the TNVAT Act. Thus, works contract or for that matter any of the categories of mutant sales which is deemed to be sale would fall within the meaning of the expression sale employed in Section 18 of the TNVATAct. Matter remanded back to the Assessing Authority, who shall re-do the assessment keeping in mind the law declared with regard to the scope of Section 18 of TNVAT Act - petition disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of transactions/ activity undertaken by some of the appellants/ petitioners : S.No Case No. Impugned Order Nature of Activity 1. W.A.Nos.993 to 995 of 2015 Consolidated Construction TIN33140844351 Executed works contract for Special Economic Zone Customer 2. W.A.Nos.1013 and 1014 of 2015 Larsen and Toubro Ltd. TIN33800620015 Executed works contract for SEZ units and developers in the State. 3. TC Nos.36, 37 of 2016 and TVL.MW High Tech Projects S.T.V.A.T.No.85 of 2014 Engaged in the business of works contact. 4. TC Nos.5 to 10 of 2022 Cummins India Ltd. Order of Tribunal Engaged in the business of works contact. 5. W.A.Nos.875 to 877 of 2015 Philips India quash the Circular No.9/2013-Act Cell-III/22237/2013 dt.24.07.2013 Involved in the activity of manufacture of High Tensile Fasteners, Gear Shifters, Radiator Caps, Cold Extruded components, power metal parts etc. 6. W.A.Nos.1177 to 1183 of 2015 Ocean Interiors Assessment orders Involved in electrical work, civil work and also interior decorating works under contract to SEZ units 7. W.P.Nos.5700 to 5702 of 2011 Shapoorji Pallonji TIN No.33510762037 for 3 AY Engaged in the business of works co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ors TIN 33380845480 2 AY Interior decorator and work contract 23. W.A.Nos.930 to 931 of 2015 K.S.Venkataraman order in A.P.67 to 69 of 2014 Civil work contract 24. W.A.Nos.703 to 704 of 2015 Consolidated construction TIN 33490701326 Construction and work contract, commercial and civil construction 25. W.A.Nos.963 to 968 of 2015 RDC Concrete India Pvt Ltd. TIN 33221663278 Work contract- ready mix of concrete 26. W.A.Nos.1114 to 1117 of 2015 Leighton Contractors TIN 33850461441 Work contract 3. Order of the learned Single Judge: a) The challenge to the Circular No.9/2013 dated 24.07.2013 issued by the Commissioner was rejected as the circular was not statutory in nature. b) That the expression "Input Tax Credit" (ITC) cannot be divested from Section 18 of the TNVATAct inasmuch as what is enjoyed by the dealer as Input Tax Credit gets culminated/ ripens into refund. c) The concession granted under Section 18 of the TNVAT Act is a benefit given to exporters and such concession which is in the nature of Input Tax Credit, which may ripen into a refund claim is subject to the restrictions and conditions contained in Section 19 of the TNVATAct. d) Sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 44) of the TNVAT Act, "Zero Rate Sale", would mean a sale of goods on which no tax is payable, but credit for the Input Tax related to that sale is admissible. b) That Section 18 of the TNVAT Act, provides for two types of benefits viz., Zero Rate and additionally Refund. Both the benefits don't overlap but independent of each other. c) That to import the requirement of export into transactions identified and mentioned under Section 18(1)(ii) of the TNVAT Act viz., sale of goods to any registered dealer located in a SEZ even to qualify as a "Zero Rate Sale", is to import conditions through a process of interpretation resulting in whittling down/curtailing the benefit, which ought to be avoided. d) The difference in language between Section 18(1)(i) and Section 18(1)(ii) of the TNVATAct ought not to be ignored. e) Legislature will use expressions / language which will convey its intention best. Section 18(1)(ii) of the TNVATAct does not require export of the goods purchased as such or consumed or used in the manufacture of other goods that are exported as specified in sub-Section (2) of Section 18 of the TNVAT Act as a condition by its plain language, such a condition ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Economic Zone' form a genus, the terms 'entrepreneur' and 'unit' would be the species under the genus operating within the Special Economic Zone. 4.4. Submissions of Mr. K. Vaitheeswaran : That there is no uniformity in tax treatment of sale to Special Economic Zone by the States. While some States had granted exemptions few others have granted exemption and also Input Tax Credit i.e., similar to Zero Rate in terms of Section 2(44) of the TNVAT Act. While Tamil Nadu has chosen a zero rate sale to be one on which tax is no payable but entitled to Input Tax Credit while also extending the additional benefit of refund under circumstances mentioned in sub-section (2) to Section 18 of the TNVAT Act subject to the conditions contained in sub-section (3) to section 18 of the TNVAT Act. In this regard, reference was made to provisions of various State across the country governing sales to SEZ. 5. Case of Respondent: On behalf of the State, the learned Additional Advocate General Mr.Haja Nazirudeen submitted the following: a) That Section 18(1) and (2) of the TNVAT Act cannot be dissected both the sub-sections form a complete and integrated code and must be read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 18 of the TNVAT Act, would not include works contract inasmuch as there is no export of goods and thus the sale would not qualify as Zero Rate sale under Section 18 of the TNVAT Act. 6. Issue : Against the above background, question arises as to whether for a sale to a dealer located in a SEZ in the State to qualify as a "zero rate sale" in terms of Section 2(44) read with Section 18(ii) of the TNVATAct, the goods so purchased must be exported as such or consumed or used in the manufacture of other goods that are exported, by the dealer located in Special Economic Zone. To answer the above question it is necessary to understand the scope and ambit of Section 18 of the TNVAT Act. However, before proceeding further it may be necessary to examine the object behind development of Special Economic Zones and the tax treatment of the sales of goods to dealers located in SEZ under the Tamilnadu Special Economic Zones Act, 2005, TNGST Act, TNVATAct and VATActs of other States. 7. Object of SEZ and relevant provisions under SEZ Act : Special Economic Zones Act, 2005 was introduced with a view to provide for the establishment, development and management of the Special E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x breaks, SEZ law provides a one-step clearance and approval mechanism for setting up SEZ units. SEZs are regarded as foreign territory for the purpose of duties and taxes, and operate outside the domain of the custom authorities. They are free to sell goods in the Domestic Tariff Area "DTA" on payment of applicable duties. Sales from DTA entities to SEZ units is eligible to benefit of export incentives and foreign currency exemption schemes. In addition, many State Governments granted Sales Tax/VAT exemptions to DTA-SEZ sales. SEZ units are also exempt from the Central Government's Service and Excise Tax regimes. c. Objectives of SEZ: The objective behind a SEZ is to enhance foreign investment, increase exports, create jobs and promote regional development. The primary objectives of the SEZs are: (a) Generation of additional economic activity; (b) Promotion of exports of goods and services; (c) Promotion of investment from domestic and foreign sources; (d) Creation of employment opportunities; (c) Development of infrastructure facilities. From the above it is evident that SEZ is part of an experiment in progress/ continuous experiment of fiscal and economic polic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ler in the special economic zone : 3 Goa Value Added Tax Act, 2005 Section 5. Levy of Value Added Tax on Goods specified in the Schedule. Section 5. Levy of Value Added Tax on Goods specified in the Schedule. 5(2) Zero Rate for Exports.- (a) … (b) The Government may, by notification published in the Official Gazette and subject to such terms and conditions as may be specified in this behalf, extend zero rate of tax for transactions effected from Domestic Trade Area to Special Economic Zone or for 100% export oriented units or Software Technology Park units or Electronics Hardware Technology Park units or for any such manufacturing or processing units as it may deem fit. 4 Gujarat Value Added Tax Act, 2003 Section 5A. Zero rated sale:- Section 2(37). "Zero rated sale" Section 5A. Zero rated sale. - The following sale shall be zero rated sale for the purpose of this Act and tax credit on the purchase related to such sale shall be allowed subject to such conditions as may be prescribed:- (1) Sale of goods to the Developer or Co-developer of Special Economic Zone as defined in the Gujarat Special Economic Zone Act, 2004 (Gujarat 11 of 2004); or (2) Sale of goods to a unit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him of any goods for resale or use in manufacturing or processing of goods for sale. 16. Tax payable.-- (1) The net tax payable by a registered dealer for a tax period shall be the difference between the output tax plus purchase tax, if any, and the input tax, which can be determined from the following formula: Net tax payable = (0+P)-I Where '0' denotes the output tax payable for any tax period as determined under section 14, 'P' denotes the purchase tax paid by a registered dealer for any tax period as determined under section 10 and 'I' denotes the input tax paid or payable for the said tax period as determined under section 15. (2) The net tax payable by a dealer liable to pay tax but not registered under this Act for a tax period shall be equal to the output tax payable for the said tax period as determined under section 14. (3) If the amount calculated under sub-section (1) is a negative quantum-- (a) the same shall be adjusted against the tax liability, if any, under the Central Sales Tax Act, 1956 at the option of the dealer for the said tax period and only the remaining amount of the Central Sales Tax shall be payable; or (b) any amount of credit remaining after such adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated goods listed in Schedule II; The sale of zero-rated goods shall notwithstanding anything contained in this Act, be eligible for input tax credit when the goods specified in that Schedule are sold in the course of export out of the country or sold to Special Economic Zones (SEZ)/Export Oriented Units (EOU) by Domestic Tariff Area (OTA). 8 The Orissa Value Added Tax Act, 2004 Section 18. Zero Rated Sales Section 18. Zero Rated Sales: The rate of tax on the sale of goods subject to levy of tax shall be zero when such goods are sold-- (a) in course of inter-State trade or commerce; or (b) in course of export out of the territory of India; or (c) to a dealer having business under-- (i) a SEZ; or (ii) a STP; or (iii) a EHTP; or (d) to an EOU 9 The Sikkim Value Added Tax Act, 2005 Section 22. Exports to be Zerorated: Section 22. Export to be Zero-rated: (1) A sale specified under Section 5 of the Central Act, by a dealer or an export oriented unit, shall be zero-rated and there shall be no tax payable on the turnover of such sale, and the person exporting the goods shall be entitled in the manner prescribed to a credit of input tax paid:-- (a) on the purchase of the goods sold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13(2) Sale of goods to International Organisations specified in Schedule 1 and official and private purchases by the Diplomatic Missions/Consulates shall be deemed to be sale of goods in the course of export out of territory of India and shall be entitled to zero rating as provided 13(3) Supplies from domestic tariff area to Special Economic Zone and Export Onented Units would be zero rated and the supplying units would get credit/refund for VAT paid on inputs 12 The Uttarakhand Value Added Tax Act, 2005 Section 4(2)(d). Section 4(2)(d) A sale in the course of export of goods outside the Territory of India as specified under sub-section(1) and sub-section(3) of section 5 of the Central Sales Tax Act 1956 shall be Zero-Rated which means that there shall be no tax on the sale tumover of such transaction and the exporter shall be entitled to refund of tax paid by him on purchase of goods which are so exported Provided that units established in Special Economic Zones (SEZ), shall be entitled to claim refund of tax paid on purchase from units established in Domestic Tariff Area. The West Bengal Value Added Tax Act, Section 2(59) Section 21A(1) Zero Rated Sale Schedule AA Section 2( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er this Act shall be payable by any dealer in respect of sale of any goods made by such dealer to a goods in the State registered dealer for the purpose of setting up, operation maintenance manufacture trading production, processing assembling repairing reconditioning, re- engineering packaging or for use as packing material or packing accessories in an unit located in any Special Economic Zone. 17 Karnataka Value Added Tax Act, 2003 Section 20. Deduction of input Tax on exports and Inter-state sales Section 20. Deduction of Input Tax on exports andInter-state sales: 20 (1) Tax paid under this Act by any dealer on purchase of inputs in respect of (a) any goods sold in the course of export out of the territory of India, or (b) any goods taxable under the Act, sold in the course of interstate trade or commerce, or (c) any goods sold to a dealer who is a unit located in any special economic zone established under authorisation by the authorities specified by the Central Government in this behalf, or (d) any goods sold to a dealer who is an Export Oriented Unit, shall be deducted as provided under Section 10, from output tax payable by such dealer) (2) Goods sold by a registered dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Goverment under the provisions of the Special Economic Zones Act, 2005 (Central Act No. 38 of 2005) 21 The Meghalaya Value Added Tax Act, 2003 Section 8. Exemption: Section 49. Refund: Section 8. Exemption: (1) (a) The sale of goods in the Schedule to be noted in the Official Gazeme shall be exempt from tax subject to conditions and exceptions set out therein (b) Supplies between Special Economic Zones (2) The following shall be zero rated sales for the purpose of this Act and shall be eligible for input tax credit (a) export from India (b) sales to Special Economic Zones (c) supplies from Domestic Tariff Area to Export Orientated Unit Electronic Hardware Technology Park/Software Technology Park Units for the purpose export only Section 49 Refund: 45 (5) The Commissioner shall in the prescribed manner refund to a registered dealer, the amount of tax paid or payable by him on the purchases of goods or input used directly by him in manufacture in Meghalaya on being satisfied that goods so purchased or manufactured were sold to Special Economic Zones in manufacture in Meghalaya, on being satisfied that goods so purchased or manufactured were sold to Special Economic Zones ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... located in any Special Economic Zone or for development, operation and maintenance of Special Economic Zone by the developer of the Special Economic Zone, if such registered dealer has been authorized to establish such unit or to develop, operate and maintain such Special Economic Zone by the authority specified by the Central Government in this behalf. 25 The Uttar Pradesh Added Tax Act, 2005 Section 13. Input Tax Credit: Section 13. Input Tax Credit: 13 (2) Notwithstanding anything to the contrary in any provision of subsection (1) of this section, credit of full or partial amount of input tax, in respect of all taxable goods, may be allowed to developer, co-developer and units established in Special Economic Zone for authorized operations subject to such conditions as may be specified in the notification issued by the state government Explanation For the purposes of this sub-section the word "co-developer" or "developer" and expressions "Special Economic Zone" or "authorized operations" shall have the meanings assigned to them in the Special Economic Zones Act, 2005. On a perusal of the above table it would be evident that there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nary / December 30, 2006) (G.O. M.S. No. 193, Commercial Taxes and Registration (B2), 30th December 2006) In exercise of the powers conferred by sub-section (1) of Section 17 of the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1959) read with clause (b) of sub-section (4) of Section 2 of the Tamil Nadu Additional Sales Tax Act, 1970 (Tamil Nadu Act 14 of 1970), and in supersession of the Commercial Taxes Department Notification No. II(1)/CT/26(b-3)/2005, dated 28th June 2005, published at pages 2 and 3 of Part-11, Section 1 of the Tamil Nadu Government Gazette, Extraordinary, dated 28th June 2005, the Governor of Tamil Nadu hereby makes an exemption in respect of sales tax, surcharge, resale tax and additional sales tax payable by any dealer on the sale of any goods made by such dealer to a registered dealer for the purpose of setting up; operation, maintenance, manufacture, trading, production processing, assembling, repairing, reconditioning, re-engineering packaging or for use as packing materials or packing accessories in an unit located in Madras Special Economic Zone, Tambaram, Chennai and other Special Economic Zones in the State of Tamil Nadu notified by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing conditions." 9. Apart from the above notification granting exemption in respect of tax payable under the said Act by any dealer on the sale of goods made by such dealer to a registered dealer for the purposes set out in the notification, sale of goods to any registered dealer located in Special Economic Zone was treated to be a "Zero Rate Sale" under Section 18 read with Section 2(44) of the TNVAT Act. Zero Rating was a concept introduced for the first time in relation to tax on sale of goods in Tamil Nadu under Section 18 of the TNVAT Act. 10. The present controversy revolves around the scope and ambit of Section 18 of the TNVAT Act more particularly, whether export of goods by the purchasing dealer located in SEZ is a sine-qua non to qualify as a "Zero Rate" as held by the learned Single Judge. To resolve the above controversy, it is necessary to analyse Section 18 of the Act read with Section 2(44) of the Act. The said provisions read as under: "Section 2 (44) "zero rate sale" means a sale of any goods on which no tax is payable but credit for the input tax related to that sale is admissible. Section 18. Zero-rating. - (1) The following shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quot; on which no tax is payable but credit for input tax related to that sale is admissible. c. Zero-Rate Sale is distinct from exemption. Section 15 of the TNVAT Act provides that exempted sales would attract the restriction/embargo under Section 19(5) of the TNVAT Act. Section 19(5) of the TNVAT Act provides that no input tax credit shall be allowed in respect of sale of any goods exempted under Section 15 of the TNVAT Act. On the other hand, Zero-Rate Sale is defined to mean sale of any goods of which no tax is payable but credit for the Input Tax related to that Sales is admissible. d. Section 18(1) of the TNVAT Act provides for two distinct and independent benefits. Section 18(1) of the TNVATAct, provides that a dealer effecting a "Zero Rate Sale" shall be eligible for Input Tax Credit (or) refund of the amount of the tax paid on the purchase of goods. e. On a plain reading of Section 18 of the TNVATAct the benefit of Zero Rate under Section 2(44) of the Act, viz., that no tax is payable but credit for the Input Tax related to that Sales being admissible, is available to all three categories of sales mentioned in Section 18(1) of the TNVATAct. f. A dealer effecting a zero ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mporting the condition contained in Section 18(2) of the TNVAT Act in respect of all categories of sale covered by Section 18(1) of the TNVAT Act which would amount to rewriting the provision which is impermissible. The reasoning of the learned Judge overlooks the fact that under Section 18 of the TNVATAct, there are two class of beneficiaries and two kinds of benefits viz., a dealer effecting zero rate sale and claiming the benefit of zero rate sale viz., that tax is not payable on such sales and Input Tax Credit related to that sale is admissible and the second category being the dealer while claiming the above benefit of Zero Rate also make an additional claim for refund. It is the second category of dealers who are covered by Section 18(2) of the TNVAT Act, which requires that the purchasing dealer must export the goods purchased as such or consumed or used in the manufacture of other goods that are exported. 14. From the above analysis of Section 18 read with Section 2(44) of the TNVAT it is clear that the order of the learned Single Judge insofar as it finds "export" to be a pre-requisite to qualify as "Zero Rate Sale" even in respect of sales covered by Section 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n G.O.Ms.No.15 dated 29.01.2016 which is a piece of subordinate / delegated legislation granting exemption is unsustainable. The scope and width of plenary legislation cannot be curtailed or whittled down by a notification. Zero Rating under Section 18 of the TNVAT confers a larger/greater benefit. Thus assuming there are two benefits with regard to the sale to any registered dealer located in SEZ viz., exemption granted vide G.O.Ms.No.15 and benefit of Zero Rate under Section 18 of the TNVATAct, it would be open to an assessee to claim the larger/greater of the two benefits. In this regard, it may be relevant to refer to the following judgments: i. CCE v. Indian Petro Chemicals, (1997) 11 SCC 318 at page 318: "We have read the judgment and order of the Customs, Excise and Gold (Control) Appellate Tribunal under appeal. It came to the conclusion that two exemption notifications were applicable and gave to the assessee the benefit of that notification which was more beneficial to it. " ii. Share Medical Care v. Union of India, (2007) 4 SCC 573: "16. This is hardly a ground sustainable in law. On the contrary, well-settled law is that in case the applicant is entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s scheme, the sections, clauses, phrases and words may take colour and appear different than when the statute is looked at without the glasses provided by the context. With these glasses we must look at the Act as a whole and discover what each section, each clause, each phrase and each word is meant and designed to say as to fit into the scheme of the entire Act. No part of a statute and no word of a statute can be construed in isolation. Statutes have to be construed so that every word has a place and everything is in its place. It is by looking at the definition as a whole in the setting of the entire Act and by reference to what preceded the enactment and the reasonsfor it that the Court construed the expression "Prize Chit" in Srinivasa (1980) 4 SCC 507 and we find no reason to depart from the Court's construction." (emphasis supplied) iii. CIT v. Hindustan Bulk Carriers, (2003) 3 SCC 57: "19. The court must ascertain the intention of the legislature by directing its attention not merely to the clauses to be construed but to the entire statute; it must compare the clause with other parts of the law and the setting in which the clause to be interpreted occ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... flowing from it." (emphasis supplied) e. Sale under Section 18 of the TNVAT Act must be understood to include deemed sales: The submission that the expression 'sale' employed in Section 18 of the TNVATAct, while conferring the benefit of Zero Rate would not take within its folds, work contracts is contrary to the definition of "Sale" under Section 2(33) of the TNVAT Act, which includes transfer of property involved in the execution of works contract. The above submission is also contrary to the settled principle that fiction created by the legislature must be taken to its logical end. It may be useful to note that while "sale" was declared by the Hon'ble Supreme Court in the case of State of Madras v. Gannon Dunkerley & Co. (Madras) Ltd., reported in 1958 (9) STC 353 to be "nomen juris" and would carry the same meaning as defined under the Sale of Goods Act, 1930 and thus levy of tax on works contract was beyond the purview of the State legislative competence. The 46th Amendment to the Constitution of India neutralized the said judgment whereby six categories of mutant sales including transfer of property involved in execution of works contract were deemed to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... qualify as a Zero Rate sale as long as the sale falls within clause(ii) of Section 18 (1) of the TNVATAct. c. To claim refund in terms of the Section 18 (2) read with 18 (3) of the TNVAT Act, export of goods is an essential condition but not the benefit of Zero Rate. d. Zero Rate is distinct from exemption and thus the provisions of Section 19 (5) of the TNVATAct would not get attracted. e. The impugned circular is set-aside to the extent it is contrary to the law declared by this Court. f. The provisions of Section 18 the TNVAT Act cannot be controlled by a notification under Section 30 of the TNVAT Act inasmuch as Section 18 of the TNVAT Act confers a larger benefit. It is open to an assessee to claim a larger/ greater benefit. g. The expression sale in Section 18 of the TNVAT Act must be understood keeping in view the definition of sale under Section 2(33) of the TNVAT Act. Thus, works contract or for that matter any of the categories of mutant sales which is deemed to be sale would fall within the meaning of the expression sale employed in Section 18 of the TNVATAct. 17. The order of the learned Single Judge is set-aside to the extent it is contrary to the views exp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
