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TMI Blog2022 (12) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... on arising in the tax period is required to be understood, for claiming credit of the input tax. The question of law, as framed, is decided in favour of the respondents/revenue and against the appellant/assessee - Appeal disposed off. - VAT APPEAL 38/2022 - - - Dated:- 22-11-2022 - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MS. JUSTICE TARA VITASTA GANJU Appellant Through: Mr. Ashok K. Bhardwaj with Mr. Manish K. Hirani, Advocates. Respondents Through: Mr. Rajiv Aggarwal, ASC. [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J.: (ORAL) CM APPL. 50118/2022 1. Allowed, subject to just exceptions. VAT APPEAL 38/2022 2. This appeal is directed against the order d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15,44,081.00 6.2. The record shows that each of the tax invoices referred to above indicate the component of the VAT included therein along with the price of the material furnished by the aforementioned vender. These tax invoices are part of the record. 6.3. It is also not disputed by the appellant that while the price of the material supplied by the vendor was paid, what was withheld by the appellant was the tax component. 6.4. Mr Bhardwaj in support of this plea has referred to the communication dated 02.04.2007, addressed by the vendor to the appellant. For the sake of convenience, the said communication, being brief, is extracted hereinafter: We are executing the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rajiv Aggarwal, who appears on behalf of the respondents/revenue, contends to the contrary. 12. Having heard the learned counsel for the parties, it is relevant, at this juncture, to set forth the relevant provisions of the 2004 Act, as the facts set out above are not in dispute: Section 9(3) - The amount of the tax credit to which a dealer is entitled in respect of the purchase of goods shall be the amount of input tax arising in the tax period reduced in the manner described in sub-sections (4) and (6) of this section. [Emphasis is ours] 12.1. A perusal of Section 9(3) of the 2004 Act shows that a dealer would be entitled to take tax credit in respect of the purchase of goods correlatable to the input tax which arise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) by means of transfer of property in goods (whether as goods or in some other form) under a works contract executed or under execution in the tax period, is the consideration received or receivable by the dealer for such transfer of property in goods (whether as goods or in some other form) during the relevant tax period. 13.1. As would be evident from the above extract, the said Rule is interlinked to sub-section (4) of Section 12 of the 2004 Act. It, inter alia, provides that the amount of turnover or turnover of purchases, arising in the tax period in the case of sale or purchase occurring under a works contract, whether executed or under execution in the tax period, is the consideration received or receivable by the dealer fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim tax credit in respect of the turnover of purchases occurring during the tax period, but it claimed tax credit subsequently only after the selling dealer actually deposited VAT and acknowledged so on 02/04/2007. The contention is that in view of the bonafides [sic: bona fides] of the dealer-appellant, Assessing Authority should not have rejected the tax credit claim. 105. On the other hand, Learned Counsel for the Revenue has submitted that since the dealer-appellant failed to claim tax credit during the concerned tax period, Assessing Authority was justified in rejecting the claim. 106. Learned Counsel for the Revenue has rightly submitted that so as to claim tax credit, it was not for the purchasing dealer to assure i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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