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2022 (4) TMI 7 - HC - VAT and Sales TaxAdjustment of eligible exemption amount as against the certified exemption limit - raw material purchased by the Petitioner - exemption limit to be calculated at the rate of 16% as held by the Tribunal as against the rate of 4% claimed by the Assessee? - Entry- 43 (a) of the Finance Department Notification No.41261-CTA-106/92-F dated 23.09.1992 - HELD THAT:- While it is true that the legal position became clear after the decision of this Court in Luis Packaging Pvt. Ltd. (supra) where the Court categorically holding that the benefits available to the dealers under the IPR would be over and above what was provided in the OST Act, the fact remains that in the present case the Petitioner had already availed, for AY 1997-98, benefit under the IPR-92 to the extent of ₹ 10,79,821/- leaving a balance of ₹ 87,107/-. It would not have been possible therefore for the Petitioner to have filed a Form I-D (92) for the entire sum of purchase of manganese ore as was done by the Petitioner. The Court therefore is unable to find any error committed in the AA requiring the Petitioner to pay sales tax @ 16% on the balance purchase of manganese ore of the value of ₹ 6,13,404.87/-. At the highest, a sum of ₹ 87,107/- can be adjusted against tax liability so determined. The revision petition is disposed of.
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