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TMI Blog2016 (11) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... d accordingly, both the appellate authorities taking into consideration the principles of promissory estoppel allowed the same. The Tax Authorities ought to allow benefits covered by such registration/norms and should not create such technicalities in rejecting the benefits - In so far as the sale through 'C Form' is concerned, both the appellate authorities have also expressed that if the assessee produced the necessary 'C Form' before the AO within the stipulated period, then the claim may be reconsidered by the AO and in my view, there is nothing adverse in it because the principles of natural justice demand that opportunity was to be allowed and it has been allowed and it was for the AO to take a decision after 'C Form' is filed. Bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordingly disallowing the same, levied not only the tax but also interest and surcharge. 3. On an appeal having been filed, the Deputy Commissioner (Appeals) [DC(A)] held that the benefit of exemption is also available based on the principle of promissory estoppel and took into consideration the notification which was relied upon by the assessee and held that the claim is reasonable and allowed the relief. It was also noticed that the assessee had also claimed that it had sold certain goods under 'C Form' and therefore, taking into consideration the principles of natural justice, directed that if the assessee files the 'C Form' before the AO within one month and if it is found in order, then the claim may also be accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ries under the KVIC norms. As per the notification dt.28/02/2004, not only covered the businesses but also the business of stone cutting and polishing as defined and covered under Khadi Udhyog Commission Act, 1956 and accordingly a recommendation letter dt.28/02/2004 was issued for exemption of tax by the AO on the raw material purchased for such industry and further exemption of tax by the AO on the manufactured goods and copy of such recommendation letter was given to the assessee on the basis of which the goods were to be sold without any tax and the assessee issued bills for sale of goods putting seal on it to the effect to exemption of tax by Khadi Board. Both the appellate authorities also took into consideration the notification of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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