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2010 (1) TMI 1060 - HC - VAT and Sales TaxWhether Assessing Authorities have not allowed adjustment/ set off of the tax quantified under Section 8 (1) of the Central Sales Tax Act, from the monetary limit of the exemption mentioned in the Eligibility Certificate granted to the petitioners under Section 4-A of the U.P. Trade Tax Act, for the relevant assessment years? Held that:- Whereas the amendment to the Central Sales Tax Act by Finance Act No.20 of 2002 published on 13.5.2002, are valid and do not suffer from any vice of discrimination, and also do not violate principle of promissory estoppel qua the petitioner, the higher rate of tax payable for non compliance of the amended provisions of Section 8 (5) namely non production of Form C/D, cannot be taken to be a ground to deny the set off of such higher rate of tax from the limits prescribed in the eligibility certificate under Section 4-A of the Trade Tax Act, subject to other conditions namely the maximum limit for particular year or period and maximum amount for which such exemption is provided. All the writ petitions are partly allowed. The assessing authorities are required to modify the assessment orders accordingly and to allow set off to the petitioners, which was earlier denied to them on the rate of tax, without the benefit of reduced rate of tax on the interstate transactions for which Form C/D were not produced. The required modification shall be carried out within a period of two months from the date of production of this judgment.
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