https://www.taxtmi.com/caselaws?id=351048 A purchasing dealer was held entitled to input tax credit and refund where the selling industrial unit had obtained tax remission under the statutory scheme, because Section 21(9)(x) of the Jammu and Kashmir VAT Act bars credit only to the dealer who actually enjoys the remission. The Court also noted that Section 22 allows carry forward and refund of excess input tax credit, and a departmental clarification could not curtail that statutory entitlement or defeat the VAT chain. The objection based on alternative remedy was rejected because the writ challenge would have been futile in the circumstances. The clarification, assessment orders and demand notices were quashed, and refund of the amount deposited under interim orders was directed. en-us Tue, 05 Sep 2017 00:00:00 +0530 Wed, 25 Apr 2018 15:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=351048 A purchasing dealer was held entitled to input tax credit and refund where the selling industrial unit had obtained tax remission under the statutory scheme, because Section 21(9)(x) of the Jammu and Kashmir VAT Act bars credit only to the dealer who actually enjoys the remission. The Court also noted that Section 22 allows carry forward and refund of excess input tax credit, and a departmental clarification could not curtail that statutory entitlement or defeat the VAT chain. The objection based on alternative remedy was rejected because the writ challenge would have been futile in the circumstances. The clarification, assessment orders and demand notices were quashed, and refund of the amount deposited under interim orders was directed. Case-Laws VAT and Sales Tax Tue, 05 Sep 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=351048