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DMR CONSTRUCTIONS vs. THE ASSISTANT COMMISSIONER
(Madras High Court)

Hon'ble Judges:

ANITA SUMANTH
Pet. Counsel
Sivanandam
N.murali
T.ramesh
Res. Counsel
Mohammed Shaffiq
G.dhanamadhri

Petitioner / Applicant

DMR CONSTRUCTIONS

Respondent THE ASSISTANT COMMISSIONER
Court Madras High Court
State

Tamilnadu

Date Feb 26, 2021
Order No.

W.P. Nos.9991, 7030, 12110, 5142, 11621, 336, 647, 1766, 2738, 2859, 5039, 5101, 5966, 5969, 6406, 6467, 6596, 8936, 9694 & 16470 of 2020 and 3613, 3617 & 35267 of 2019

Citation

2021(2) TAXREPLY 4046

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ORDER

COMMON ORDER This batch of 23 Writ Petitions has been filed by assessees under the Tamil Nadu Goods and Service Tax Act, 2017 (‘TNGST Act’) who challenge notices issued by the respondent, Commercial Tax Authorities proposing the denial of transition of credit in respect of Tax Deducted at Source (TDS) in terms of Section 13 of the Tamil Nadu Value Added Tax Act, 2006 (in short ‘TNVAT Act’) in 10 cases, and orders confirming the aforesaid proposals, in 13 cases. 2. The common factual position is that all petitioners, in the era of TNVAT, have accumulated credit of TDS and have also been permitted to carry forward the same from year to year. The petitioners sought transition of the accumulated TDS into their respective accounts for set off against output tax - GST liabilities. This has been denied. 3. Before setting out the rival contentions, I extract the relevant statutory provisions for ease of reference. Tax has been deducted under Section 13 of....

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