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State Of Gujarat Versus Rajashree Polyfil

2016 (1) TMI 4 - GUJARAT HIGH COURT

Adjustment of input tax credit - Whether the Hon'ble Tribunal has erred in permitting adjustment of input tax credit arising from Value Added Tax Act to the Central Sales Tax Act - Held that:- in the case of the assessee, while resorting to the provisions of subsection (3) of Section 11 of the Act, the Assessing Officer reduced from the input tax credit 4% of branch transfer and once again reduced input tax credit on purchases of fuel to the extent of 4%. This Court in the case of State of Gujar .....

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b-clauses (i) to (iii) and not every time a particular class of goods specified fall in more than one categories. Thus, the Tribunal has merely applied the decision of the jurisdictional High Court to the facts of the case and hence, it cannot be said that the impugned order passed by the Tribunal suffers from any legal infirmity, warranting interference. - Decided against Revenue. - Tax Appeal No. 484 of 2015 And Tax Appeal No. 485 of 2015 - Dated:- 10-9-2015 - MS. HARSHA DEVANI AND MR. A.G.URA .....

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oposing the following question stated to be a substantial question of law:- [1] Whether the Hon'ble Tribunal has erred in permitting adjustment of input tax credit arising from Value Added Tax Act to the Central Sales Tax Act? 2. The facts stated briefly are that the respondent-assessee is engaged in the business of manufacturing Polyester Filament Yarns, Polyester Chips, Nylone Type Cord, Fabrics, etc. and is duly registered under the provisions of the Act as well as the Central Sales Tax A .....

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input credit by 4% of the branch transfer under sub-clause (ii) of Clause-(b) of Section 11(3) and thereafter again reduced 4% under sub-clause (iii) of Clause-(b) of Section 11(3). The assessee carried the matter in appeal before the Joint Commissioner (Appeals), who upheld the order passed by the Assessing Officer. The assessee carried the matter in further appeal before the Tribunal on various grounds. On the question of input tax credit, the Tribunal observed that the Assessing Officer had .....

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Tribunal has failed to consider that the assessee was not similarly situated to the assessee in the case of Reliance Industries Ltd. (supra), on which reliance has been placed while allowing the said ground of appeal. It was submitted that in the present case, the respondent-assessee was enjoying exemption under the incentive scheme declared by the State Government and therefore, the decision in the case of Reliance Industries Ltd. (supra) would not be applicable in the facts of the present case .....

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ady reduced the input tax credit by 4% of branch transfer and again reduced the same on purchase of fuels. It was submitted that this Court, in the above decision, has specifically held that reduction of amount of tax at the rate of 4% is to be done for the taxable goods which fall in any of the three categories contained in sub-clauses (i) to (iii) of Clause-(b) of sub-section (3) of Section 11 and not every time a particular class of goods specified fall in more than one categories. It was sub .....

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