TMI Blog2015 (4) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... cided against Revenue. - TAX APPEAL NO. 368 of 2014 With CIVIL APPLICATION (OJ) NO. 243 of 2014, TAX APPEAL NO. 1305 of 2014, TAX APPEAL NO. 1322 of 2014 With CIVIL APPLICATION (OJ) NO. 685 of 2014, TAX APPEAL NO. 1318 of 2014, SPECIAL CIVIL APPLICATION NO. 11936 of 2014 - - - Dated:- 20-3-2015 - MR. M.R. SHAH AND MR. S.H.VORA, JJ. FOR THE APPELLANT : MR CHINTAN DAVE, ASSTT. GOVERNMENT PLEADER FOR THE OPPONENT : MS GARGI VYAS, ADVOCATE for M/S WADIAGHANDY CO, ADVOCATE ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] As common question of law and facts arise in this group of Tax Appeals as well as Special Civil Application and the only issue involved is the decision of the learned Gujarat Value Added Tax Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alue Added Tax Tribunal ( the Tribunal for short) proposing following questions for our consideration: (1) Whether Tribunal erred in deleting levy of interest and penalty merely because assessee had excess input credit adjustable against tax demand? (2) Any other substantial question of law as may be deemed fit by the Hon'ble High Court may kindly be framed. 2. From the record, it emerges that the Revenue contests the deletion of interest and penalty by the Tribunal in case of the respondent - assessee. The Tribunal in the impugned judgment also held as under: The appellant has paid the amount of tax fully therefore, we are not disturbing the amount of carried forward ITC. The appellant is entitled to claim said ITC f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of law arises. Tax appeal is dismissed. Civil Application also dismissed. Same situation arises in the present matters inasmuch as the demand is confirmed and the adjustment is confirmed under interest and penalty imposed are deleted. [5.0] It is not in dispute that the respective assessees had surplus balance of input credit, which have been adjusted against the demand of tax upon reassessment. Under these circumstances, the element of avoidance of tax could be said as lacking. Consequently, the deletion of interest and penalty by the learned Tribunal could not be said as unjustifiable and/or it cannot be said that the learned Tribunal has committed any error in deleting the interest and penalty. Under the circumstances, when t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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