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TMI Blog2017 (3) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... the document and choosing not to overlook the description (in other words, preferring form over substance) justify the ultimate conclusion of the VAT Tribunal. It is significant that a retail invoice has per se not been defined and is conditional upon the prescription by the rule or other notifications under Section 50(5) - appeal dismissed - decided against appellant. - VAT APPEAL 1/2017, C.M. APPL.671-673/2017 - - - Dated:- 9-1-2017 - MR. S. RAVINDRA BHAT MR. NAJMI WAZIRI JJ. Appellant: Through: Sh. Satyakam, ASC with Sh. Biju Raj, Respondent Through: None. O R D E R 1. The Revenue in this appeal under Section 81 of the DVAT Act, 2004 urges that the VAT Tribunal s interpretation with respect to Sections 50(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Nil Para (Vol.1): 10.3 11.4 [(1) Subject to sub-section (2) of this section and such conditions, restrictions and limitations as may be prescribed, a dealer who is registered or is required to be registered under this Act shall be entitled to a tax credit in respect of the turnover of purchases occurring during the tax period 2 [where the purchase arises] in the course of his activities as a dealer and the goods are to be used by him directly or indirectly for the purpose of making (a) sales which are liable to tax under section 3 of this Act; or (b) sales which are not liable to tax under section 7 of this Act. Explanation.- Sales which are not liable to tax under section 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), (6) and (10)] of this section.1 XXXXXX XXXXXX XXXXXX (8) The tax credit may be claimed by a dealer only if he holds a tax invoice at the time the prescribed return for the tax period is furnished. 4. The relevant part of Section 50 reads as follows: 50 Tax invoices Rule: 44 Form : 36 Para (Vol.1): 13.1.3, 24.1, 24.2 (1) A registered dealer making a sale liable to tax under this Act shall, at the request of the purchaser, provide the purchaser at the time of sale with a tax invoice containing the particulars specified in sub-section (2) of this section and retain a copy thereof: PROVIDED that a tax invoice shall not be issued by a dealer who (a) is specified in the Fifth Schedule; (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted by the Commissioner, in such manner and from such date as may be notified by him;] (e) description, quantity, volume and value of goods sold and services provided and the amount of tax charged thereon indicated separately; (f) the signature of the selling dealer or his servant, manager or agent, duly authorized by him; and (g) the name and address of the printer and first and last serial number of tax invoices printed and supplied by him to the dealer. XXXXXX XXXXXX XXXXXX (4) Except when a tax invoice is issued under sub-section (1) of this section, if a dealer sells any goods exceeding such amount in value as may be prescribed, in any one transaction to any person, he shall issue to the purchaser a retail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the above provisions clarifies that the provision for tax credit is made in Section 9(1). The existence of any conditions covered by Section 9(2) acts as a prohibition for a dealer to make such tax credit. Section 9(8) imposes the condition that tax credit can be claimed after a dealer holds a tax invoice at the time of filing of return. In this case, the invoices relied upon by the purchasing dealer/assessee were described as retail invoices . The Revenue s argument is that whilst many particulars described in Section 50(2) with respect to tax invoices are found in these documents, nevertheless, the omission to mention the TIN registration numbers of the purchasing dealer and the description of the document as a retail invoice defeated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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