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MANINDRA MOHAN SHRIVASTAVA, BIRENDRA KUMAR
Bhagwati Jewellers – Appellant
Versus
The Assistant Commissioner – Respondent
ORDER
1. This revision petition under Section 84 of the Rajasthan Value Added Tax Act, 2003 (hereinafter referred to as 'the Act of 2003') is directed against the order dated 17.12.2021 passed by the Rajasthan Tax Board, Ajmer (hereinafter referred to as 'the Board') whereby petitioner's claim of input tax credit has not been accepted, affirming the order of the Assessing Officer.
2. The petitioner by this revision petition has assailed only that part of the order by which the input tax credit has not been allowed.
3. Learned counsel for the petitioner would argue that as far as claim of input tax credit is concerned, it is governed by provision contained in Section 18 of the Act of 2003 read with Rule 18 of the Rajasthan Value Added Tax Rules, 2006 (hereinafter referred to as 'the Rules of 2006'). Learned counsel for the petitioner would argue that as the input tax credit is available in respect of the event of purchase of any taxable goods from a registered dealer under Section 18 of the Act of 2003, such benefit could not be disallowed by taking recourse to the provision contained in Section 72 of the Act of 2003 read with Rule 38 of the Rules of 2006 as they are not applicable in
Non-compliance with Rule 38 of the Rules of 2006 can lead to the disallowance of input tax credit under Section 18 of the Act of 2003.
Strict compliance with statutory conditions for availing concessions and benefits under the Act.
The claim of Input Tax Credit cannot be sustained when the selling dealer has not paid the tax to the Government despite collecting it from the purchasing dealer.
Taxation - Electronic credit ledger - Determination of any tax - The words 'input tax available' used in first part of sub-rule (1) of Rule 86-A cannot be read as actual input tax available on date o....
Input tax credit claims require proof of actual tax payment by the supplier; failure to demonstrate this results in denial of credit.
Purchasing dealers claiming ITC must prove genuine transactions and actual physical movement beyond invoices or payment details under Section 70 of KVAT Act, 2003.
The benefit of Input Tax Credit can only be availed to the extent of the output tax payable upon the goods, as per Section 18(3A) of the RVAT Act-2003.
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