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TMI Blog2014 (8) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... ee, it was entitled to claim input tax credit on such purchases. The assets were purchased by the assessee from Cynemid, and later on transferred to Atul Pharma. All the entities are registered dealers registered under the Gujarat Sales Tax Act. The deed of assignment was also produced on record, which contains all the details. So far as moveable assets are concerned, the assessee also produced invoices for the same. In such background, the Tribunal overrules the findings of the Appellate Authority that no details were furnished. These are thus pure factual findings giving rise to no question of law - Decided against Revenue. - Tax Appeal No. 389 of 2014 - - - Dated:- 2-5-2014 - Akil Kureshi And Sonia Gokani,JJ. For the Appellant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax authority, without examining these details of sales of assets charged 8% tax. The fact that all these purchases were from a registered dealer, and therefore, no tax is leviable cannot be disputed. He has further submitted that plant and machineries are in connection with the business, but other items are in the name of capital assets or assets or casual nature, such as, A.C., Motor Car, Telephone System, etc. Since all these assets resold were of goods purchased from registered dealer, there is no liability of paying any tax. It is further submitted that the learned Deputy Commissioner has also confirmed disallowance of set off on steam mentioning that no details were produced. The assessment order itself disclose that set off on steam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no question of any payment of tax by the appellant. The deed of assignment which is produced on record contains all the details and so far as the moveable assets are concerned, the appellant has also produced invoices for the same. Despite this fact, the first appellate authority has erroneously observed in its order that no details were furnished. We are of the view that the first appellate authority is not justified in dismissing the appeal on this erroneous ground. So far as second issue regarding set off under Rule 42 is concerned, it has been rightly contended by the appellant that the claim of set off on steam worth ₹ 1,29,665/- has been disallowed by the assessing officer merely on the basis of decision of this Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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