2024 (2) TMI 297

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....enthilkumar Ramamoorthy For the Petitioner : Mr. B. Raveendran For the Respondent : Mr. T.N.C. Kaushik, Additional Government Pleader (Tax) ORDER The petitioner assails the proceedings dated 01.09.2022 by which the petitioner's claim for refund of unutilised Input Tax Credit (ITC) under the Tamil Nadu Value Added Tax Act, 2006 (the TNVAT Act) was rejected. 2. The petitioner stat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f unutilised ITC on capital goods. In those circumstances, it is stated that the refund was not made. Thereafter, Circular No.12 of 2018 dated 21.06.2018 (Circular No.12) was issued by the Commissioner of Commercial Taxes clarifying that an assessee is entitled to refund of unutilised ITC on capital goods under applicable provisions of the TNVAT Act. Thereafter, the petitioner made a request for r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s calls for interference. He also points out that the rejection on the ground that the period of limitation under Section 27 of the TNVAT Act had expired is unsustainable. 4. Mr.T.N.C.Kaushik, learned Additional Government Pleader, submits in response that a refund claim is required to be made within 180 days from the date of making the zero rated sale by the exporter. In this connection, he re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pur, indicate that the petitioner had made refund claims within the time limit of 180 days specified in sub-section (3) of Section 18 of the TNVAT Act. It is also evident from the said proceedings that the claim for refund of ITC in respect of capital goods was deferred and it was stated that it would be settled later. On examining Circular No.12, it appears that Circular No.22 was superseded by t....