Remanded

M/s.Esab India Limited v. The Assistant Commissioner

Madras HC5 Apr 2017WP/7996/2017

Case brief

AI extract

What is this about?

High Court allowed a writ petition seeking certiorari to quash the reversal of Integrated Tax Credit (ITC) under Section 19(2)(v) of the Tamil Nadu VAT Act. The reversal was set aside following a prior decision in favor of the petitioner, and the matter was remitted to the respondent for fresh consideration within four weeks, while other aspects of the assessment order remain untouched.

What did the court decide?

Order insofar as it reverses ITC u/s 19(2)(v) set aside; matter remitted to respondent for reconsideration within four weeks.

M/s.Esab India Limited Vs The Assistant Commissioner — Money Laundering | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:05.04.2017

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CORAM

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

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W.P.No.7996 of 2017

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and W.M.P.No.8740 of 2017

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M/s. Esab India Limited

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Rep. by Vice President-Finance No. 13, 3^rd Main Road,

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Ambattur Industrial Estate, Chennai – 600 058. ... Petitioner

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vs.

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The Assistant Commissioner (CT) Pattravakkam Assessment Circle 127, II Floor, Yadhaval Street, Padi, Chennai – 600 050.

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... Respondent

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the respondent in TIN/33221322323/2013-14 and quash the proceedings dt.23.09.2016 passed therein insofar as it reverses the ITC u/s.19(2)(v) of the TNVAT Act, 2006.

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For Petitioner : Mr.B.Raveendran

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For Respondents : Mr.K.Venkatesh, Government Advocate.

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Mr.K.Venkatesh, learned Government Advocate, takes notice for the respondent. By consent of the parties, the main writ petition itself is taken up for final disposal.

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Though this Writ Petition is filed against the assessment order dated 23.09.2016, the learned counsel for the petitioner submitted that this Court can consider the relief only insofar as the reversal of ITC under section 19(2)(v) is concerned. Though this writ petition is filed challenging the order of assessment against which an appeal remedy is provided under the statute, as the learned counsel appearing for the respondent

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https://hcservices.ecourts.gov.in/hcservices/

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accepted the fact that the issue involved in this writ petition in respect of ITC reversal under Section 19(2)(v) is covered by a recent decision of this Court made in W.P.No.7969/2014 dated 06.02.2017 in favour of the petitioner, this writ petition is entertained.

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It is contended by the learned counsel for the petitioner that this writ petition is filed only as against the ITC reversal under Section 19(2)(v) and that in all other aspects of the impugned order, the petitioner is not questioning the same before this Court. Thus, he prayed that the matter may be remitted back to the respondent for considering the issue of ITC reversal afresh in the light of the order passed in W.P.No.7969/2014 dated 06.02.2017.

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Upon hearing the learned counsel on either side and considering the fact that the issue involved in this writ petition, namely reversal of ITC under Section 19(2)(v) of the Tamil Nadu VAT Act, is covered by the above decision of this Court as admitted by the both sides, this writ petition is allowed and the impugned assessment order insofar as the reversal of ITC under Section 19(2)(v) alone is set aside. Consequently, the matter is remitted back to the respondent for considering the above said issue afresh in the light of the order passed in W.P.No.7969/2014 dated 06.02.2017. It is made clear that in respect of other aspects of the impugned assessment order this Court has not gone into the same and expressed any view. Hence, insofar as those issues not considered in this writ petition are concerned, it is for the petitioner either to comply with or to challenge the same before the Appellate Authority in the manner known to law. The respondent shall consider the issue which has been remitted back to him herein and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. If personal hearing is required by the petitioner, it is open to him to make such request in writing and if any such request is made, the respondent shall consider the same and pass orders after giving him an opportunity of hearing. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar(J)

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//True Copy//

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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vsi

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The Assistant Commissioner (CT) Pattravakkam Assessment Circle 127, II Floor, Yadhaval Street, Padi, Chennai – 600 050.

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+1cc to the Government Pleader Sr.20586

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W.P.No.7996 of 2017
gjii[co]
srg 13/4/2017

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https://hcservices.ecourts.gov.in/hcservices/

M/s.Esab India Limited v. The Assistant Commissioner

Case brief

What is this about?

What did the court decide?

M/s.Esab India Limited v. The Assistant Commissioner

Case brief

What is this about?

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