2023 (6) TMI 1191

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..... trued in favour of the revenue and against the assessee - In the instant case, it is found that the statutory provision mandates that any claim for sales return be made within a period of six months from the date of the sale transaction, and admittedly, in the instant case, the claim for sales returns was made beyond that period. There are no reason to interfere with the order passed by the Appellate Tribunal, which conforms to the well-settled principle in taxation that a statutory provision providing for an exemption has to be strictly construed in favour of the revenue and against the assessee. The questions of law raised in this revision petition have to be answered in favour of the revenue and against the assessee - Petition dis .....

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..... t notes to support his claim for interstate purchase and sales return of Rs.1,79,600/-. The assessing authority proceeded to deny the claim for concessional rate of tax as also the claim for sales returns and confirmed a differential demand of tax on the petitioner. 2. In an appeal preferred by the petitioner against the order of the assessing authority, the First Appellate Authority, although having perused the documents produced by the petitioner to support his contention regarding sales returns/rejected goods for Rs.11,28,624/- proceeded to dismiss the appeal in relation to the said claim by observing that the claim for sales return was not made within the time stipulated under the statute. The petitioner was, however, granted a limit .....

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..... gard must be strictly construed in favour of the revenue and against the assessee. In the instant case, we find that the statutory provision mandates that any claim for sales return be made within a period of six months from the date of the sale transaction, and admittedly, in the instant case, the claim for sales returns was made beyond that period. We, therefore, see no reason to interfere with the order passed by the Appellate Tribunal, which conforms to the wellsettled principle in taxation that a statutory provision providing for an exemption has to be strictly construed in favour of the revenue and against the assessee. In the result, we find that the questions of law raised in this revision petition have to be answered in favour o .....

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