9911796707
TMI Blog2014 (3) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... to branches outside state - Gujarat value added tax act, 2003 (1 of 2005), s. 11(3)(b)(i), (ii),(iii) - Held that:- reduction of tax credit under section 11(3)(b) would in no case exceed four per cent If the interpretation put forth by the State is accepted, a dealer who has availed of tax credit of four per cent would end up surrendering credit by 8 per cent or may be in a given case by 12 per c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue. - Tax Appeal No. 1128 of 2013 - - - Dated:- 13-12-2013 - M.R. Shah And R.P. Dholaria, JJ. For the Appellant : Jaimin Gandhi For the Respondent : Manish Kaji ORDER:- Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.08.2012 passed by the Gujarat Value Added Tax Tribunal (hereinafter referred to as "Tribunal") in Second Appeal No.728 of 2011, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arat [Second Appeal Nos. 76 77 of 2011 decided on 26.04.2012]. It is reported that the decision of the learned Tribunal in Second Appeal Nos. 76 and 77 of 2011 was carried before this Court by way of filing Tax Appeal Nos. 934 and 935 of 2012. By detailed judgment and order dated 18.01.2013, which is now State of Gujarat v. Reliance Industries Ltd. [2013] 58 VST 376 (Guj.), the Division Bench of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be limited to such credit and not more. The Legislature, thus, envisaged that the reduction of tax credit under section 11(3)(b) would in no case exceed four per cent If the interpretation put forth by the State is accepted, a dealer who has availed of tax credit of four per cent would end up surrendering credit by 8 per cent or may be in a given case by 12 per cent. Surely, the Legislature coul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted any error and/or illegality while passing the impugned judgment and order which calls for any interference by this Court. In view of the aforesaid decision in the case of Reliance Industries Limited (supra), as such, no question of law much less any substantial question of law arises in the present appeal and hence, the present appeal deserves to be dismissed and accordingly is dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
