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2019 (2) TMI 1548 - HC - VAT and Sales TaxInput tax credit - grant of registration - Whether the dealer who applied for registration in the midst of the year could claim input tax credit for the business carried on previous to such grant of registration and input tax credit claimed for the purchases made prior to registration; especially in the context of the dealer having imports from the commencement of the business? - Held that:- The said benefits are only available to specific instances of the dealer being a presumptive dealer or paying tax under the compounded scheme. The same cannot be imported into a regular assessment carried out under Section 6 of the KVAT Act. We, hence answer the first question of law also against the dealer and in favour of the State. Whether the Tribunal could have imported equitable principles in a statutory appeal? - Held that:- We first answer the first question in the negative, since we are definite that the Tribunal could not have imported equitable principles into an appeal provided under the statute, especially when the Tribunal itself is a creature of the statute. The revision stands allowed setting aside the order of the Tribunal to that extent and restoring the order of the Assessing Officer.
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