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2014 (5) TMI 646 - HC - VAT and Sales TaxValidity of learned HC Single Judge order - Preferring of appeal – No proof of payment of tax – Held that:- Judgment in Lakshmi Rattan Engineering Works vs. Assistant Commissioner [1967 (9) TMI 116 - SUPREME COURT OF INDIA] followed - Appellant while preferring an appeal is bound to comply with the conditions prescribed u/s 51 of the Act, more particularly, the condition relating to payment of tax in the second proviso. Input Tax Credit - Whether the appellant is entitled for adjustment of the input tax credit available – Held that:- It is seen that the input tax credit has already been adjusted by the assessing authority in the order of assessment dated 15.10.2010 - Thus, the question whether Section 19 and 51 of the Act have to be read together becomes academic and is not required to be decided in the instant case, since the authorities have already adjusted the ITC. Whether full and proper adjustment has been made by the department – Held that:- The appellant themselves carried forward the ITC of ₹ 14,67,241/- accrued from the amount, which is outstanding as on 31.03.2007, thus leaving the net eligible ITC at ₹ 63,74,247/- - Thus, the assessing authority rightly adjusted the net ITC available for the period of assessment - The appellant would submit that as on date, there is ITC to the tune of ₹ 8,54,851/- and the same should be given credit to - This contention raised by the learned counsel does not merit any acceptance, since the appellant's appeal relates to an order of assessment passed for the assessment year 2007-08 i.e., for the year ended 31.03.2008 and as on the said date, the total tax payable after adjusting ITC comes to ₹ 13,43,453 - Therefore, the respondents have rightly calculated the actual amount payable at ₹ 9,58,613/- for entertaining the appeal by the appellate authority -Therefore , no ground to interfere with the order passed by the learned Single Judge - Writ appeal fails and dismissed - Connected miscellaneous petition is closed – Decided against assessee.
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