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2015 (2) TMI 927 - HC - VAT and Sales TaxAdjustment of carried forward input tax credit - Whether the Tribunal has committed any error in law and in facts in deleting the interest and penalty or not - Held that:- As the demand is confirmed and the adjustment is permitted but the interest and penalty imposed are deleted - Assessee had no surplus balance of input credit, which has been adjusted against the demand of tax upon re-assessment. Under these circumstances, the element of avoidance of tax could be said as lacking. Consequently, the deletion of interest and penalty on the part of Tribunal could not be said as unjustifiable. In the event, when the issue is already covered by the referred decision [2015 (2) TMI 372 - GUJARAT HIGH COURT], we do not find that any substantial question of law would arise as sought to be canvassed. - Decided against Revenue.
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