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2015 (3) TMI 1196 - HC - VAT and Sales TaxTribunal deleted the demand of interest and penalty - Adjustment of input tax credit towards the output tax liability for the assessment year in question - Gujarat Value Added Tax - Held that:- it is fairly conceded by Shri Chintan Dave, learned AGP appearing on behalf of the appellant that now the aforesaid question / issue is squarely covered against the Revenue in view of the decision of the Division Bench of this Court dated 19.01.2015 in the case of State of Gujarat vs. Dashmesh Hydraulic Machinery wherein it was held as, It is not in dispute that the Assessee had no surplus balance of input credit, which has been adjusted against the demand of tax upon reassessment. Under these circumstances, the element of avoidance of tax could be said as lacking. - Decided against the revenue.
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