Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2010 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (3) TMI 998 - HC - VAT and Sales TaxWhether the assessee was entitled to claim set-off of excess tax paid by him on purchase of raw materials like diesel and raw cotton for manufacture of surgical cotton by him as per clause 4(c) of the Rajasthan Sales Tax Incentive Scheme, 1989 notwithstanding clause 4(c) of the said scheme? Held that:- The contention of the learned counsel for the Revenue that these two parts of clause 4(c) operate in different fields and, therefore, while the right to avail of concession is protected in clause 4(c) notwithstanding the assessee availing of the benefit of exemption under the Incentive Scheme under eligibility certificate granted to it continues however no set-off can be allowed, renders such entitlement of the assessee itself nugatory. Once the entitlement of the assessee to avail of concessional rate is not in dispute, the only way to allow him to avail of such concession logically and properly is to allow him the set-off of such excess tax suffered by him on the purchase of such raw material. The revision petitions filed by the Revenue are thus found to be devoid of merit
|