Input-tax credit may be claimed on a sale release order that contains all tax invoice particulars in a genuine auction purchase.

A genuine auction purchase supported by a sale release order containing all particulars required of a tax invoice under the West Bengal Value Added Tax Rules, 2005 could be treated as a tax invoice for input-tax credit purposes. The document recorded the sale details, parties, description and quantity of goods, value, and tax rate and amount, and the tax was confirmed as collected and deposited. The substantive right to input-tax credit was not defeated by the absence of a formal tax invoice where the transaction was genuine and the statutory particulars were fully available. Input-tax credit was therefore directed to be granted on verification of the documents.

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Issues: Whether a sale release order issued on auction purchase, containing all particulars required of a tax invoice under the VAT Rules, could be treated as a tax invoice for allowing input-tax credit.

Analysis: The auction purchase was not disputed, and the sale release order contained the particulars prescribed for a tax invoice under rule 91(7) of the West Bengal Value Added Tax Rules, 2005. The document recorded the details of sale, identity of the seller and purchaser, description and quantity of goods, value, and rate and amount of tax. The authority also noted the confirmation from South Eastern Railway that VAT had been collected and deposited, and that no tax invoice had been issued at the time. On these facts, the form of the document could not defeat the substantive entitlement to input-tax credit when the transaction was genuine and the statutory particulars were fully available.

Conclusion: The sale release order was rightly to be treated at par with a tax invoice, and the assessee was entitled to input-tax credit.

Final Conclusion: The application succeeded and the assessing authority was directed to grant input-tax credit on verification of the documents.

Ratio Decidendi: Where a genuine taxable purchase is supported by a document containing all particulars required of a tax invoice, the document may be treated as a tax invoice for the purpose of input-tax credit.

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