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2017 (3) TMI 156 - DELHI HIGH COURTInterpretation of statute - Sections 50(2) and 9(8) - Input Tax credit - denial on the ground that the transactions were reflected in retail invoices and not tax invoices and, therefore, did not qualify for credit - Held that: - the strict interpretation of Section 50(2) in the facts of this case was unwarranted - Section 9(2) is the only provision which spells negative conditions or disqualifications for a dealer as it were in claiming credit. To read the provisions of the enactment as strictly as the VATO did in the present case where all the substantial and essential details existed in the document and choosing not to overlook the description (in other words, preferring form over substance) justify the ultimate conclusion of the VAT Tribunal. It is significant that a retail invoice has per se not been defined and is conditional upon the prescription by the rule or other notifications under Section 50(5) - appeal dismissed - decided against appellant.
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