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2012 (3) TMI 51 - DELHI HIGH COURTDelhi VAT, 2004 - interpretation of proviso to Section 2(1)(zd) - appellants are Government undertakings marketing petrol, diesel and petroleum products – increment of petrol prices by Government - relief in the price rise to the consumers provided by non-charging of VAT on incremental prices – prices subsequently rolled back - appellants contended entitlement of reduction in VAT on the VAT payable even on restoration of prices – Held that:- The proviso inserted to Section 2(1)(z) only protected and gave exemption in respect of enhanced ad valorem VAT payable on account of increase in prices of diesel and petrol from 6th June, 2006 and this increase was not to form part of the prices of petrol and diesel. The proviso did not say that VAT will not be payable and applicable on the pre 6th June, 2006 prices on petrol and diesel. Further, benefit under the proviso ceased to be applicable on roll back of prices w.e.f. 16.02.2007. Assessee contention of applicability of proviso even after the roll back of the prices does not find merit – Decided against the assessee.
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