SLP Against TNVAT Order Pending, HC Sets Aside Section 19(5)(c) Order

Tvl.Elgi Equipments Limited Vs Assistant Commissioner (ST) (Madras High Court)

The writ petition was filed challenging the impugned order rejecting the petitioner’s claim of ITC by invoking Section 19(5)(c) of the TN VAT. Both the parties agreed upon that the issue involved stands covered by the orders of this Court in W.A.(MD)Nos.1613/ 2021 wherein after relying upon the judgment of this Court in Commercial Taxes Department vs. M/s. Everest Industries Limited in W.A.Nos.1260-2017 wherein it was held that as per the provisions of the TNVAT Act, Section 84 empowers rectification of orders within five years from the date of any order passed by AO. When the power to the statutory authority is granted upto five years to modify the order, it cannot be said that the constitutional authorities would not have power to review the action. SLP against the said decision was pending before the Hon’ble SC. Petitioner submitted that the right of the department to reconsider subsequent to the order of the Hon’ble SC may be preserved. Hence, the impugned order is set aside and the right of the Department to revisit/ reconsider the issue invoking Section 19(5)(c), subsequent to the order of the Hon’ble Supreme Court stands preserved.