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TMI Blog2015 (7) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... of law involved, which is already been decided by the Division Bench of this Court. Hence, the appeal is meritless - Decided against Revenue. - Tax Appeal No. 448 of 2015, Civil Application (OJ) No. 494 of 2015 - - - Dated:- 17-7-2015 - A J Desai And A G Uraizee,JJ. For the Appellant : Ms Vacha Desai, AGP For the Respondent : Mr Uchit N Sheth, Learned Adv ORDER (Per : Honourable Mr. Justice A. J. Desai) 1. By way of the present appeal filed under Section 78 of the Gujarat Value Added Tax Act, 2003, the Commissioner of Commercial Tax has challenged the judgement and order dated 15.10.2014 passed by the Gujarat Value Added Tax Tribunal, Ahmedabad in Second Appeal No. 685 of 2014, by which it has been held that the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order the Assessing Officer were challenged by the assessee by way of filing Second Appeal No.685 of 2014 before the Gujarat Value Added Tax Tribunal, Ahmedabad. By judgement and order dated 15.10.2014, the Gujarat Value Added Tax Tribunal, Ahmedabad partly allowed the appeal and held the since the assessee has already paid excess Input Tax levied interest as well as penalty was contrary to the provisions of law as well as the decision of the Tribunal in case of Cosmos International Ltd. V. State of Gujarat.Hence this appeal. 3. Learned AGP Ms. Vacha Desai fairly conceded that the decision delivered by the Tribunal in case of Cosmos International Ltd. V. State of Gujarat was challenged by the State of Gujarat by way of Tax Appeal No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dealer from whom he has purchased such goods or the tax payable by the purchasing dealer to a registered dealer who has sold such goods to him during the tax period. (ii) ... (iii) ... (b) ... (2) ... to (4) ... (5) Notwithstanding anything contained in this Act, Tax credit shall not be allowed for purchases (a) ... to (d) ... (dd) made prior to the date of registration. 12. Tax Credit for stock on (31st March, 2006) 12(1) to 12(6) The provisions of section 11 shall apply mutates mutandis to the tax credit to be availed of under this section. 12(7) If the Commissioner is satisfied that a dealer (a) has claimed tax credit for such stock for which he is not entitled for claiming tax credit a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss than the said negative amount, then no tax under the Act as well as under the Central Act will be payable and the net amount, after adjusting the Central Sales tax liability, shall be carried forward to the next tax period of the same year or, as the case may be, the subsequent year. 7. The Division Bench has observed in the relevant portion, which reads under: Section 11 of the VAT Act provides for an Input Tax Credit admissible and Rule 18 of the Rules, 2006 provides for calculation of the Input Tax Credit. It cannot be disputed that for the purpose of claiming Input Tax Credit, an assessee/dealer is required to submit its claim in the required format i.e. in Form No.108 and on that the assessment order is required to be passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urrent year under consideration. To deny such Input Tax Credit in the current year under consideration would be against the provisions of the VAT Act and the Rules, 2006 more particularly section 11 of the VAT Act read with Rule 18 of the Rules, 2006. It is not in dispute that whatever is claimed by the assessee as Input Tax Credit by submitting the Form No.108 is always subject to the assessment/reassessment and the actual amount of Input Tax Credit is determined only on assessment by the Assessing Officer. Only after assessment / reassessment, as the case may be, a final amount of Input Tax Credit is assessed and determined. Once on assessment or reassessment, as the case may be, a final amount of Input Tax Credit is assessed and determin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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