Penalty for Wrongly Claimed ITC Under TNVAT Challenged; Tax and Penalty Levy Cannot Be Upheld Per Sections 7(1)(a) and 7(1)(b.

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....Levy of penalty - ITC wrongly availed - As such, if the respondent was of the view that the claim of ITC has been wrongly made, the only option available is to reverse such an ITC instead of bringing them under the purview of Section 7(1)(a) of the TNVAT Act. As such, the levy of tax under Section 7(1)(b) and the consequential penalty imposed, cannot be sustained. - HC....