Input tax credit must be given effect when already accepted by the revisional authority, with remand for reassessment.

A revisional authority's acceptance of a quantified input tax credit under the West Bengal Value Added Tax Act, 2003 required the assessment to give effect to that admitted credit. Because the credit of Rs. 36,36,100 had not been granted in the assessment and the petitioners' computation had not been cross-verified below, the court treated the omission as one that could not be sustained on technical grounds. The petitioners were held entitled to the credit, and the matter was remanded to the assessing officer for a revised assessment order.

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Issues: Whether the petitioners were entitled to credit of the input tax credit amount quantified by the revisional authority and whether the matter required remand for a revised assessment order.

Analysis: The revisional authority had itself accepted the net tax credit allowable under section 22(17) of the West Bengal Value Added Tax Act, 2003 at Rs. 36,36,100, but the benefit of that credit had not been granted in the assessment. The computation placed by the petitioners was not examined or cross-verified by the authorities below. In the peculiar facts of the case, the refusal to give effect to the admitted credit was treated as a matter where technical considerations should not override the petitioners' entitlement.

Conclusion: The petitioners were held entitled to the credit of Rs. 36,36,100, and the matter was remanded to the assessing officer for passing a revised assessment order.

Ratio Decidendi: Where a revisional authority accepts a quantified input tax credit under the applicable VAT statute, the assessment must give effect to that admitted credit and the matter may be remanded for consequential reassessment if the credit has not been allowed.

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