9911796707
TMI Blog1995 (11) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court: "(1) Whether, in the facts and circumstances of the case, the Tribunal was right in holding that while the claim for set-off has to be made as laid down under rule 20-C(1)(c), yet the set-off will be granted only when the condition laid down under rule 20-C(1)(a)(iii) of the rules are fulfilled? (2) Whether, in the facts and circumstances of the case, the Tribunal was right in holding that empty gunny bags sold by the company during the period January 1, 1978 to December 31, 1978, were exigible to sales tax under the Act?" In order to answer both these questions, brief facts of the case are that M/s. Maihar Cement, Sarianagar, Maihar District, Satna, is producer and seller of cement. They were assessed to sales tax for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontroversy in the present case. So far as the set-off under section 8 of the Act is concerned, the assessee is entitled thereto provided it satisfied the conditions laid down in rule 20-C(1)(a) which says that set-off under clause (a) of section 8 of the Act shall be granted on certain restrictions and conditions, namely, (i) the claimant should be a dealer registered under the Act, (ii) tax-paid material or the tax-paid incidental goods purchased by a registered dealer should have been specified as such in his certificate of registration, (iii) the goods manufactured by using the tax-paid raw material or the tax-paid incidental goods should have been sold by the registered dealer in the State of Madhya Pradesh or in the course of inter-Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods which have been purchased by satisfying the aforementioned conditions may not have been sold in the same quarter. It may have been sold subsequently. But if at the time of assessing the tax liability of the assessee during the assessment year, the assessee satisfies all the conditions, then the claim of set-off can be considered. In case the assessee fails to satisfy the authorities during the assessment year, then he will not be entitled to have the benefit of set-off. 5.. Shri S.L. Nema, learned counsel for the assessee, submits that it is not possible to consume all the goods in the same quarter or may be sold in the same quarter, but it is possible that it can be sold or consumed in the next quarter but within the assessment year. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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