Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2016 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 312 - HC - VAT and Sales TaxSet off of tax - the respondent assessee is a manufacturer and purchased raw material during the assessment year 1994-95 after paying full tax @ 4% and as per the Notification, claimed set off @ 2.5% on such purchases made within the State of Rajasthan. Originally the Assessing Officer allowed the said set off, however, the same was reopened and in the reassessment order, after taking into consideration the objections, allowed set off of 1% only - Held that: - The Tax Board, in my view, has rightly considered the Notification dt 27.3.1995 and admittedly raw material purchased was used in the manufacture of iron and steel within the State of Rajasthan, and the rate in respect thereof could not exceed 1.5% as per the above Notification dt 6.3.1991. Admittedly the said Notification was in force and operative for the relevant assessment year and has been rescinded later- on, on 27.3.1995 by Circular No.726. The Tax Board has rightly applied the said Notification and in my view as well, once the Notification has correctly been applied, no question of law can be said to arise out of the impugned order as it is a finding of fact - petition dismissed - decided against petitioner.
|