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2016 (1) TMI 4 - HC - VAT and Sales TaxAdjustment of input tax credit - Whether the Hon'ble Tribunal has erred in permitting adjustment of input tax credit arising from Value Added Tax Act to the Central Sales Tax Act - Held that:- in the case of the assessee, while resorting to the provisions of subsection (3) of Section 11 of the Act, the Assessing Officer reduced from the input tax credit 4% of branch transfer and once again reduced input tax credit on purchases of fuel to the extent of 4%. This Court in the case of State of Gujarat Vs. Reliance Industries Ltd. (2014 (2) TMI 815 - GUJARAT HIGH COURT), on similar facts, held that from the provisions of sub-section-(3)(b) of Section 11, it is clear that reduction of tax credit had to be applied to any case which satisfies the description contained in sub-clauses (i) to (iii) not every time such description is satisfied. Further, reduction of amount of tax at the rate of 4 per cent is to be done for the taxable goods which fall in any of the three categories contained in sub-clauses (i) to (iii) and not every time a particular class of goods specified fall in more than one categories. Thus, the Tribunal has merely applied the decision of the jurisdictional High Court to the facts of the case and hence, it cannot be said that the impugned order passed by the Tribunal suffers from any legal infirmity, warranting interference. - Decided against Revenue.
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