Section 88(6) in Tamil Nadu General Sales Tax Act, 1959
(6)(a)Every registered dealer shall be entitled to claim input tax credit for the sales tax paid under the said Act on the goods held in stock on the date of commencement of this Act, subject to the conditions and in the manner as may be prescribed:Provided that such goods should have been purchased not more than one year prior to the date of commencement of this Act and are eligible for input tax credit.(b)The registered dealer, who claims input tax credit on stock shall furnish to the assessing authority, stock inventory with the details of purchases within [fifty-nine days] [Substituted for 'thirty days' by the Tamil Nadu Value Added Tax (Amendment) Act, 2007 (Tamil Nadu Act 21 of 2007)] from the date of commencement of this Act.Section 88 repeals the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1959) and the Tamil Nadu Additional Sales Tax Act, 1970 (Tamil Nadu Act 14 of 1970).This section derived its base from section 8 and the latter part of section 18 of the Tamil nadu General Clauses Act, 1891 (Tamil Nadu Act I of 1891). This section provides for the transitional arrangements for the proceedings pending before 31.12.2006 relating to the Tamil Nadu General Sales Tax Act, 1959 and the Tamil Nadu Additional Sales Tax Act, 1970 which were repealed by this Act on 1.1.2007. This section enables to allow the proceedings under the above said repealed enactments to be continued if this Act had not come into force.The Tamil Nadu Value Added Tax Act, 2006 did not adversely affect in any manner the right of appeal an assessee had under the Tamil Nadu General Sales Tax Act, 1959 or the Tamil Nadu Additional Sales Tax Act, 1970 that no assessee had any vested right in the procedure prescribed under the Tamil Nadu General Sales Tax Act, 1959 or the Tamil Nadu Additional Sales Tax Act, 1970 and that so long as the new procedure laid down in the Tamil Nadu Value Added Tax Act, 2006 does not interfere with any of his vested rights, an assessee had no right to claim that his case must be dealt with under the provisions of the repealed Acts and that it was well settled that the new procedure prescribed by law governed all pending cases. What was of essence was that a right of appeal by an assessee under the Tamil Nadu Value Added Tax Act, 2006 did not take away in any manner any of his vested rights under the Tamil Nadu General Sales Act, 1959 or the Tamil Nadu Additional Sales Tax Act, 1970.
