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2015 (9) TMI 357 - HC - VAT and Sales TaxLevy of tax – Non-Submission of C-Form – Grant of Exemption Certificate – Petitioner was earlier granted exemption certificate however suo moto revision was taken against said order and petitioner was denied exemption on grounds that he did not submit C form – Whether non submission of C form was valid ground for revoking exemption granted to petitioner – Held that:- As per section 8(4) of CST Act if dealer does not furnish particulars along with C form then was liable to pay tax at 10 per cent., however, if furnished, then was liable to pay tax at four per cent – Admittedly, petitioner was granted exemption from payment of tax with certain capital expenditure for period of nine years – It was held in Yamaha Motor Excorts Limited Versus State of UP [2010 (1) TMI 1060 - ALLAHABAD HIGH COURT] that even if dealer did not submit C form, then in that circumstances also he was eligible to get benefit of set off in accordance with eligibility certificate – Exemption certificate issued to petitioner grants immunity from payment of tax within capex limit for certain period – Such facility cannot be withdrawn – Impugned order hereby quashed – Decided in favour of Assesse.
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