L G BALAKRISHNAN & BROS LTD , REP BY CHIEF FINANCIAL OFFICER, N RENGARAJ Vs. DEPUTY COMMISSIONER (CT) (FAC), COIMBATORE

JUDGEMENT

(1.) Heard Mr.R. Venkataraman, the learned Senior Counsel for M/s. Lakshmi Sriram, the learned counsel appearing for the petitioner and Mr.S. Kanmani Annamalai, the learned Additional Government Pleader for the respondents.

(2.) The petitioner, who is a registered dealer on the file of the respondent, under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (henceforth, referred to as TNVAT Act) (now dealer under the Central Goods and Services Tax Act, 2017) is before this Court, seeking for issuance of a Writ of Mandamus, to direct the respondents to refund input tax credit reversed for the period November, 2013 to March, 2015 along with interest in the light of the law laid down by this Court, in the case of M/s. Everest Industries Ltd., Vs. State of Tamil Nadu, rep. by Secretary and another, 2017 100 VST 158 (Mad).

(3.) In the decision referred to supra, a batch of cases was heard by the Court, involving interpretation of proviso to Section 19 (2) (ii) of TNVAT Act. The Court, after elaborately considering the submissions made on behalf of the dealers as well as Revenue, held as follows:-