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Heard the learned counsel on either side.

2.The petitioner is an exporter. The petitioner has been registered under the Tamil Nadu Value Added Tax Act with the respondent. The petitioner is entitled to refund of input tax credit for the exports effected by him. The petitioner's specific case is that while applying the invisible loss ratio under Section 19(9)(iii) of the Tamil Nadu Value Added Tax, the respondent applied an arbitrary formula of 5%. The specific case of the petitioner is that it has been held by the Madras High Court in the decision reported in (2015) 81 VST 389 (Interfit Techno Products Ltd., Vs. The Principal Secretary, Commissioner of Commercial Taxes) that this invisible loss ratio will have to be worked out after inspecting the manufacturing process in question and that it is not open to the assessing officer to make an adhoc assessment or adopt uniform percentage stating that same is to be treated as invisible loss. It has specifically mandated that there must be examination of the manufacturing http://www.judis.nic.in process to find out as to what is actual manufacturing loss or production loss or invisible loss.