9911796707
TMI Blog2022 (3) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... s claim of input tax credit has not been accepted, affirming the order of the Assessing Officer. The petitioner by this revision petition has assailed only that part of the order by which the input tax credit has not been allowed. Learned counsel for the petitioner would argue that as far as claim of input tax credit is concerned, it is governed by provision contained in Section 18 of the Act of 2003 read with Rule 18 of the Rajasthan Value Added Tax Rules, 2006 (hereinafter referred to as "the Rules of 2006"). Learned counsel for the petitioner would argue that as the input tax credit is available in respect of the event of purchase of any taxable goods from a registered dealer under Section 18 of the Act of 2003, such benefit could not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "72. Registered dealers to issue Vat invoice.- (1) A registered dealer, other than who opts for payment of tax under sub-section (2) of section 3 or section 5 shall issue for each sale, except the sale of exempted goods, made by him, a VAT invoice in such manner as may be prescribed. (2) Where any dealer, contravenes the provisions of sub-section (1), the assessing authority or the officer authorised by the Commissioner may, after giving such dealer a reasonable opportunity of being heard, direct him to pay by way of penalty a sum equal to double the amount of tax leviable on the sale of goods in respect of which an invoice has not been issued." Sub-Rule (1) of Rule 38 of the Rules of 2006, framed to carry out the purposes of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he year and the date on which the VAT invoice is issued; (e) full description of the goods; (f) the quantity or number, as the case may be, of the goods; (g) the value of the goods sold; (h) the rate and amount of tax charged thereon indicated separately; and (i) signature of the selling dealer, or his declared business manager or person authorized by the selling dealer. (3) No input tax credit shall be allowed unless the dealer makes full compliance of sub-rule (1) and (2). (4)(a) In case a VAT invoice issued by the registered selling dealer, is lost or destroyed, a duplicate of such VAT invoice shall be issued by the selling dealer, to the purchasing dealer with the following declaration recorded in the red ink and signed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... selling dealer, or his servant, manager or agent duly authorized by him. (8) Notwithstanding anything contained in sub-rule (1) above, where a dealer registered under the Act is also registered under the Central Excise Act, 1944 (Act No. 1 of 1944) and issues an invoice for removal of goods in the course of inter-State trade or commerce, containing the particulars as prescribed in sub-rule (2), it would be treated as VAT invoice and the provisions of sub-rule (3) and (4) shall mutates mutandis apply. (9) The State Government may, by notification in official Gazette provide for use of IT enabled systems for preservation of the details of the VAT invoice." The claim of input tax credit by a registered dealer is required to be examined ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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