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TMI Blog2017 (3) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of transactions with M/s. Jumbo Digital Prints from whom it had sourced printed banners. Concededly, the assessee/purchasing dealer had paid the VAT amounts involved. When it sought to claim credit, the VATO, in default assessment orders, denied the credit on the ground that the transactions were reflected in retail invoices and not tax invoices and, therefore, did not qualify for credit. This opinion was formed by the Objection Hearing Authority (OHA). The VAT Tribunal, however, set aside these findings on an interpretation of Section 50, which according to it was enacted only for the administrative convenience of the Revenue. It is argued by Sh. Satyakam, learned counsel that a conjoint reading of Sections 9(8) and 50 clarify firs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aler; (b) for the purchase of non-creditable goods; (c) for the purchase of goods which are to be incorporated into the structure of a building owned or occupied by the person; Explanation.- This sub-section does not prevent a tax credit arising for goods and building materials that are purchased either for the purpose of re-sale in an unmodified form, or for the performance of a works contract on a building owned or occupied by another; (d) for goods purchased from a dealer who has elected to pay tax under section 16 of this Act; 3[(e) for goods purchased from a casual trader;] (f) to the dealers or class of dealers specified in the Fifth Schedule except the entry no.1 of the said Schedule.] (g) to the dealers or class of dealers un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4), it shall be deemed to be a tax invoice if it contains the particulars specified in sub-section (2) of this section. Explanation.- For removal of doubts, a registered dealer shall be authorized to issue tax invoices only after a certificate of registration is issued by the Commissioner. (2) The tax invoice issued under sub-section (1) of this section shall contain the following particulars on the original as well as copies thereof:- (a) the words „tax invoice‟ in a prominent place; (b) the name, address and registration number of the selling registered dealer; (c) the name and address of the purchaser and his registration number, where the purchaser is a registered dealer; (d) an individual pre-printed serialised number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e name, address and registration number of the selling dealer, if registered; (c) in case the sale is in the course of inter-state trade or commerce, the name, registration number and address of the purchasing dealer and type of statutory form, if any, against which the sale has been made; (d) an individual pre-printed serialized number and the date on which the retail invoice is issued; [PROVIDED that a dealer may maintain separate numerical series with distinct codes, either as prefix or suffix, for each place of business, in case the dealer has more than one place of business in Delhi or for each product in case he deals in more than one product or both; PROVIDED FURTHER that such numerical series may be granted by the Commissioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trictly as the VATO did in the present case where all the substantial and essential details existed in the document and choosing not to overlook the description (in other words, preferring form over substance) justify the ultimate conclusion of the VAT Tribunal. At the same time, this Court is also of the opinion that the observations of the Tribunal with regard to Section 50 cannot be countenanced as it were. The rationale for the legislature to have made a distinction between retail invoices and tax invoices - imposing additional conditions in the case of the latter cannot be lost sight of. It is significant that a retail invoice has per se not been defined and is conditional upon the prescription by the rule or other notifications under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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