2016 (1) TMI 4

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..... is clear that reduction of tax credit had to be applied to any case which satisfies the description contained in sub-clauses (i) to (iii) not every time such description is satisfied. Further, reduction of amount of tax at the rate of 4 per cent is to be done for the taxable goods which fall in any of the three categories contained in sub-clauses (i) to (iii) and not every time a particular class of goods specified fall in more than one categories. Thus, the Tribunal has merely applied the decision of the jurisdictional High Court to the facts of the case and hence, it cannot be said that the impugned order passed by the Tribunal suffers from any legal infirmity, warranting interference. - Decided against Revenue. - Tax Appeal No. 484 of 2 .....

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..... ries enumerated under Clause-(b) of sub-section (3) of Section 11 of the Act. In the present case, the Assessing Officer reduced the tax input credit by 4% of the branch transfer under sub-clause (ii) of Clause-(b) of Section 11(3) and thereafter again reduced 4% under sub-clause (iii) of Clause-(b) of Section 11(3). The assessee carried the matter in appeal before the Joint Commissioner (Appeals), who upheld the order passed by the Assessing Officer. The assessee carried the matter in further appeal before the Tribunal on various grounds. On the question of input tax credit, the Tribunal observed that the Assessing Officer had already reduced the input tax credit by 4% of branch transfer and again reduced the same on purchase of the fuels, .....

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..... t was submitted that this Court, in the above decision, has specifically held that reduction of amount of tax at the rate of 4% is to be done for the taxable goods which fall in any of the three categories contained in sub-clauses (i) to (iii) of Clause-(b) of sub-section (3) of Section 11 and not every time a particular class of goods specified fall in more than one categories. It was submitted that under the circumstances, the Tribunal has merely applied the decision of this Court to the facts of the case and hence, there is no legal infirmity in the order passed by the Tribunal so as to call for interference by this Court. 5. From the facts and contentions noted hereinabove, it is evident that in the case of the assessee, while resort .....

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