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2015 (4) TMI 999 - HC - VAT and Sales TaxDenial of input tax credit - Demand of differential tax - Held that:- Tax Board, after appreciation of evidence and factual finding, has come to the conclusion that the assessee sold goods to the ultimate consumers on discounted amount and it was none of the business of the Revenue to interfere in the affairs of the assessee. Even if the assessee sells goods at a loss at least revenue should not have grudge or concern. It is also not debarred under the sales tax law and/or VAT law to sell the goods below the invoice value. Once a whole seller has issued an invoice , then Input Tax Credit is allowable as per VAT invoice alone and the same requires to be allowed to the assessee. - sales tax law does not debar if the assessee chooses to sell the goods keeping in view the prospective discount or rebate which may be received by the assessee and in passing the same to the consumer on account of the business expediency or otherwise. - Tax Board has basically come to a finding based on the appreciation of evidence on record and I do not find any infirmity or perversity in the order impugned so as to call for interference of this Court - Decided against Revenue.
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