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2016 (11) TMI 1194 - RAJASTHAN HIGH COURTDemand - the assessee was allowed exemption to the extent of the business carried on as per the registration with the KVIC. However, it was noticed that in the garb of the said certificate, the assessee also ventured in stone business which was not as per registration - Held that: - Both the appellate authorities also took into consideration the notification of the Commissioner dt.26/05/1995 which clarified that there shall be no sales tax where such entities are registered with the KVIC and therefore, the assessee was under the bonafide belief that it was competent to have advantage granted by the KVIC to promote such entities and accordingly, both the appellate authorities taking into consideration the principles of promissory estoppel allowed the same. The Tax Authorities ought to allow benefits covered by such registration/norms and should not create such technicalities in rejecting the benefits - In so far as the sale through 'C Form' is concerned, both the appellate authorities have also expressed that if the assessee produced the necessary 'C Form' before the AO within the stipulated period, then the claim may be reconsidered by the AO and in my view, there is nothing adverse in it because the principles of natural justice demand that opportunity was to be allowed and it has been allowed and it was for the AO to take a decision after 'C Form' is filed. Both the appellate authorities have come to a finding of fact based on the notification and circulars and therefore, I do not find any error, illegality or perversity in the order impugned so as to call for interference by this Court, particularly when it has been decided on a finding of fact based on the material available on record - revision petition dismissed.
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