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2010 (7) TMI 885 - HC - VAT and Sales TaxWhether, on true and correct interpretation of rule 42-I of the Bombay Sales Tax Rules, 1959, the Tribunal is justified in refusing to grant set-off on purchase tax levied under the Bombay Sales Tax Act, 1959 in respect of purchases of gold which was used in the manufacture of mangalsutra, when the mangalsutra is covered by Schedule entry A30 appended to the Bombay Sales Tax Act, 1959 for the assessment period April 1, 1990 to March 31, 1991, though subsequently referred in rule 42-I with notification dated May 1, 1992? Held that:- The words "for any period" will bring within itself the period prior to the date of insertion of entry relevant to mangalsutra. The entry relating to mangalsutra was, no doubt, inserted with effect from May 1, 1992 but manufacture thereof and use of gold therein could be prior to the amendment. In order to cover such cases of manufacture, the words "for any period" appear to have been used in the subject rule and were retained even after amendment. Therefore, in our considered view, the gold used in manufacture of mangalsutra prior to the date of amendment will also be entitled for set-off. In the above view of the matter, the question referred is answered in the negative, i.e., in favour of the assessee and against the Revenue.
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