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2015 (4) TMI 999

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..... s none of the business of the Revenue to interfere in the affairs of the assessee. Even if the assessee sells goods at a loss at least revenue should not have grudge or concern. It is also not debarred under the sales tax law and/or VAT law to sell the goods below the invoice value. Once a whole seller has issued an invoice , then Input Tax Credit is allowable as per VAT invoice alone and the same .....

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..... ainst order passed by the Rajasthan Tax Board, Ajmer (for short, 'Tax Board') dated. 08/10/2013 dismissing the Appeal No.740/2012 filed by the Revenue. It relates to Assessment Year 2008-09. 2. The brief facts, which can be noticed, are that the respondent-assessee is a dealer of electronic items, was granted trade discount by the manufacturer/purchaser of the goods and during the Asses .....

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..... dering the judgments decided by the Tax Board, came to the same conclusion as was reached by the DC(A). Hence this revision petition by the petitioner-Revenue. 5. Mr. Nitin Jain, ld. counsel for the petitioner- Revenue contended that the assessee wrongly claimed Input Tax Credit and sold the goods to the consumers even lower than bill/invoice. value of purchases and therefore, the Input Tax Cre .....

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..... the order of the Tax Board. 7. Considered the arguments advanced by ld. counsel for the parties and perused the impugned order. 8. In my view, the Tax Board, after appreciation of evidence and factual finding, has come to the conclusion that the assessee sold goods to the ultimate consumers on discounted amount and it was none of the business of the Revenue to interfere in the affairs of th .....

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..... o noticed that the Tax Board has basically come to a finding based on the appreciation of evidence on record and I do not find any infirmity or perversity in the order impugned so as to call for interference of this Court. No question of law emerges out of the order impugned. 11. Consequently, the revision petition, being devoid of merit, stands dismissed with no order as to costs. - - TaxT .....

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