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2015 (8) TMI 1132 - HC - VAT and Sales TaxAdjustment of tax liability Out of input tax credit available Appeal was filed before Tribunal against order of first Appellate Authority dismissing appeal on ground of non-deposit of pre-deposit Tribunal after deciding issue on merits deleted levy of interest and penalty Whether tribunal was justified on deciding matter on merits despite that appellate authority dismissed only on ground of pre-deposit and deleting interest and penalty levied Held that, when appeal before Tribunal was against order of Appellate Authority dismissing appeal on ground of non-deposit of pre-deposit, Tribunal need not and/or should not enter into merits of case Tribunal was required to concentrate on order passed by Appellate Authority dismissing appeal on ground of pre-deposit and/or amount of pre-deposit only However, when main issue involved was of deletion of interest and penalty levied, therefore court inclined to consider issue on merits rather than remanding matter as no fruitful purpose would be served As per decision of Cosmos International Ltd [2015 (4) TMI 779 - GUJARAT HIGH COURT] dealer can adjust current year tax liability out of Input Tax Credit available in credit of dealer In view of said decision, no substantial questions of law arises Therefore, Tribunal rightly deleted interest and penalty Decided against Revenue.
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