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SAMEER JAIN
National Engineering Industries Limited – Appellant
Versus
Assistant Commissioner, Anti, Evasion, Rajasthan-I, Jaipur – Respondent
ORDER :
1. The present Sales Tax Revisions/References (for short “STRs”), filed under Section 84 of the Rajasthan Value Added Tax Act, 2003 (for short “RVAT Act”), were admitted on following questions of law:
ii) Whether interest can be levied and charged, even though full amount of tax due from the dealer under the Act according to returns has been deposited and as such, interest on differential tax determined on reopened assessment could be validly and legally charged?”
2. As common issue is involved in all these STRs, with the consent of the parties, they were heard together and are now being decided by way of this common order. STR No. 13/2019 is taken as lead file to peruse the facts.
3. Brief facts leading to these STRs are that the petitioner-assessee is a manufacturer of various types of bearings used for automotive, industrial and railway purposes. The Anti-Evasion Authorit
The UP VAT Act permits input tax credit for both taxable goods and by-products, emphasizing strict interpretation of tax statutes and legislative intent.
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.
The main legal point established in the judgment is the entitlement of a dealer to claim Input Tax Credit on Intrastate stock transfer of goods under Section 18(8)(ix) of the JVAT Act, and the impact....
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 main legal point established in the judgment is that the dealers are entitled to Input Tax Credit on evaporation/handling losses of the petroleum products under the provisions of the Haryana Valu....
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