Reversal of input tax credit (ITC) - A plain reading of the ...

Section 19(2)(v) TNVAT Act 2006: ITC Restriction Targets Dealers, Not Manufacturers, to Prevent Credit Accumulation.

March 13, 2020

Case Laws     VAT and Sales Tax     HC

Reversal of input tax credit (ITC) - A plain reading of the section 19(2)(v) as it stood during the period in dispute and thereafter shows that it applies only to the sale of the goods as such. In other words, intention was to restrict the credit only in the case of dealers who were purchasing goods at higher rate of tax and accumulating credit and selling final product under interstate sale at a lower rate of tax - Section 19(2)(v) was never intended apply to a manufacturer as the input tax credit availed by a manufacturer under section 19(1) of TNVAT Act, 2006 was allowed on such input used in the manufacture or process of goods in the State. - HC

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