2009 (5) TMI 883 - HC - VAT and Sales Tax

Delay in filing the claim for input tax credit - whether should have been condoned as per the provisions of section 14 of the VAT Act and rule 25(1)(b) of the Punjab Value Added Tax Rules, 2005? Held that - The issue involved in these appeals is no longer res integra. Similar controversy was brought before us by the Revenue in City Petro 2009 (1) TMI 789 - PUNJAB AND HARYANA HIGH COURT , therefore, following the same reasoning, the appeals filed by the Revenue are dismissed.

Summary

The High Court of Punjab and Haryana, in a 2009 judgment, delivered by Judges Kumar M.M. and Bhalla H.S., disposed of three appeals under the Punjab Value Added Tax Act, 2005. The appeals involved a dispute over the condonation of delay in filing a claim for input tax credit. The Tribunal had previously dismissed the dealer's appeal while allowing the Revenue's appeals. The VAT Act replaced the Sales Tax Act, and under section 14, dealers were required to submit a statement of tax-paid goods held in stock by a specific deadline. The period for submitting the claim was initially 30 days but was later extended to 45 days. The issue at hand had already been addressed in a previous case, where the appeal was dismissed after considering the VAT Rules, section 14 of the VAT Act, and a Supreme Court judgment. The court dismissed the Revenue's appeals and allowed the dealer's appeal, citing the previous decision as a precedent. The civil miscellaneous applications were also disposed of accordingly.