TaxTMI 
TaxTMI 
2019 (3) TMI 439
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.... (Additional Bench) Chennai, dated 22.04.2016,in T.A.Nos.19 to 23 of 2015 for the assessment years 2007-08 to 2011-12 respectively. 2.These tax case revisions have been filed raising the following substantial questions of law:- "(i) Whether the Tribunal is correct in dismissing the appeal filed by the petitioner when Section 30 of the Act does not empower the Government to deny the benefit of input tax credit granted under section 19 of the Act? (ii) Whether the Tribunal is correct in dismissing the appeal filed by the petitioner when there is no specific amendment under section 19 of the Act empowers the Government to deny the benefit of input tax credit? (iii) Whether the Tribunal is correct in dismissing the appeal filed by the petit....
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....cation issued by the Government in G.O.Ms.No.79, Commercial Taxes and Registration (B2), dated 23.03.2007 whereby, the Government reduced the rate of tax payable by any dealer on the sale of certain goods under the TNVAT Act. 5.The assessee is a manufacturer of RCC pipes and they used cement for the purpose of manufacture. In terms of Part (C) of the First Schedule to the TNVAT Act, the RCC pipes are taxable at 12.5% with effect from 12.07.2007 and 14.5% with effect from 12.07.2011. The assessee claimed benefit of the notification in G.O.Ms.No.79, dated 23.03.2007. In the said notification, the Government reduced rate of tax in respect of 26 products to 4%. The relevant entry for the purpose of the case on hand is Entry No.12 of the notif....
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....le of goods and not purchase. 8.In our considered view, the contention advanced by the learned counsel for the petitioner does not merit acceptance for more than one reason. 8.1.Firstly, the power conferred on the Government to notify the exemption or reduction of tax is exercise of discretion by the Government. Therefore, the Court has to interpret the exemption notification or remission notification strictly without substituting any words. 8.2.Secondly, sub-Clause (b) of Section 30(2) of the TNVAT Act clearly states that any exemption from tax, or reduction in the rate of tax, notified under sub-Section (1) may be subjected to such restrictions and conditions as may be specified in the notification. 9.In the instant case, the assessee....