https://www.taxtmi.com/caselaws?id=450487 The dominant issues were whether (i) unutilized ITC on purchase tax under s.12(1)/(2) TNVAT Act could be carried forward as transitional credit under s.140 TNGST Act, and (ii) VAT-TDS under s.13 TNVAT Act on works contracts could be transitioned under s.140. On (i), HC held that where ITC was validly availed and remained unutilized, it qualified for transition as "ITC" under s.140; consequently, the assessee could assail the assessment. On (ii), HC held VAT-TDS is not "ITC" and must first be adjusted against VAT liability, with any surplus refundable under TNVAT Rules 10(A)/10(B) (and, if ITC remains after proper adjustment, it may be transitioned or refunded under s.54 TNGST); the assessment was set aside and remanded for fresh consideration. en-us Fri, 16 Feb 2024 00:00:00 +0530 Fri, 09 Jan 2026 14:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=450487 The dominant issues were whether (i) unutilized ITC on purchase tax under s.12(1)/(2) TNVAT Act could be carried forward as transitional credit under s.140 TNGST Act, and (ii) VAT-TDS under s.13 TNVAT Act on works contracts could be transitioned under s.140. On (i), HC held that where ITC was validly availed and remained unutilized, it qualified for transition as "ITC" under s.140; consequently, the assessee could assail the assessment. On (ii), HC held VAT-TDS is not "ITC" and must first be adjusted against VAT liability, with any surplus refundable under TNVAT Rules 10(A)/10(B) (and, if ITC remains after proper adjustment, it may be transitioned or refunded under s.54 TNGST); the assessment was set aside and remanded for fresh consideration. Case-Laws GST Fri, 16 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=450487