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2021 (9) TMI 42 - HC - VAT and Sales TaxValidity of reassessment order - excess input tax credit disallowed - time limitation - disallowance on the ground that same was not claimed in VAT 100 returns and the revised returns were filed belatedly beyond the period of 6 months prescribed under Section 45(4) of the Act - HELD THAT:- The respondent, for the tax period i.e. from April 2008 to March 2009, has reversed the input tax credit for an amount of ₹ 91,98,450/- @ 2.26% on stock transfer outward. The credit of excess input tax reversal cannot be rejected on the ground of non-filing of the revised return within the due date. It is pertinent to note that Section 35(4) of the Act which provides the revised return within a period of 6 months from the end of relevant tax period, is incorporated in the Act w.e.f. 01.04.2012 i.e. subsequently. The time limit prescribed for revised return does not apply to the case of the respondent as the tax period pertains to April 2008 to March 2009. Therefore, the revised return filed by the respondent cannot be said to be belated return in the light of Section 35(4) of the Act which has no application to the fact situation of the case. It cannot be held that Tribunal has failed to decide a question of law or has erroneously decided a question of law - Petition dismissed.
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