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2015 (4) TMI 999 - RAJASTHAN HIGH COURT

2015 (4) TMI 999 - RAJASTHAN HIGH COURT - 2016 (336) E.L.T. 517 (Raj.) , [2016] 89 VST 210 (Raj) - Denial of input tax credit - Demand of differential tax - Held that:- 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 the assessee. Even if the assessee sells goods at a loss at least revenue should not ha .....

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the business expediency or otherwise. - 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 - Decided against Revenue. - SB Sales Tax (VAT) Revision Petition No. 63/2014 - Dated:- 18-3-2015 - J. K. Ranka,J. For the Petitioner : Mr Nitin Jain, Counsel For the Respondent : Mr Achinta Kaushik, Counsel ORDER 1. Instant petition by the petitioner-Reve .....

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Credit based on the invoice value. However, the Assessing Officer ( for short, 'AO') was not satisfied with the claim of the respondent-assessee as Input Tax Credit having been taken on the higher side than the ultimate sale value to the consumers and accordingly, levied differential tax. 3. The matter was challenged by the respondentassessee before the Deputy Commissioner (Appeals) [for short, 'DC(A)'], who, after analyzing the material on record, allowed the appeal by holding .....

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e goods to the consumers even lower than bill/invoice. value of purchases and therefore, the Input Tax Credit could not have been claimed at the same figure than what had been shown in the sale value and thus the Tax Board was unjustified in coming to the said conclusion and contended that question of law arise out of the order of the Tax Board and needs consideration. 6. Per-contra, ld. counsel for the respondent-assessee contended that the Input Tax Credit was rightly claimed and it was for th .....

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