9911796707
TMI Blog2009 (8) TMI 1079X X X X Extracts X X X X X X X X Extracts X X X X ..... . MEHTA J.--The present appeal under section 81 of the Delhi Value Added Tax Act, 2004 (hereinafter referred to as, "the Act") has been filed by the appellant against the order dated February 28, 2008 passed by the Appellate Tribunal, VAT rejecting the claim of the appellant for tax credit on transitional stock. The facts of the case are that the appellant was carrying on the business o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stock of Rs. 7,32,554 which were tax-paid goods it was entitled to a tax credit of Rs. 49,424. On account of the fact that the appellant has not claimed the input tax on the transitional stock in the return form DVAT-16, he was not allowed input-tax credit on the transitional stock. To rectify his mistakes, the appellant filed objections under section 74 of the Act before the competent authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax paid but credit available for such tax already paid by the assessee. Section 28 of the Act is reproduced below: "Section 28. Correction of deficiencies.--(1) If, within four years of the making of an assessment, any person discovers a mistake or error in any return furnished by him under this Act, and he has, as a result of the mistake or error, paid less tax than was due under this Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The counsel for the respondent when confronted with this position that a hyper-technical interpretation which was adopted by the Tribunal in taking the tax paid as an actual tax which had been paid but not a credit on tax which is available to the assessee should not be accepted, did not vary strenuously or oppose the stand of the appellant. We also feel that a pragmatic interpretation of the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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