https://www.taxtmi.com/caselaws?id=405568 An assessee eligible for exemption under the relevant schedule cannot be compelled to avail it merely because turnover falls below the threshold. Eligibility to claim exemption does not by itself amount to actual availment, and the statutory bar on input tax credit applies only where goods are actually exempted. On these facts, the goods were not exempted in the relevant sense, so denial of input tax credit was unsustainable. The provision dealing with forfeiture of tax collected in a different context did not support denial of credit. The court also noted that forcing an unclaimed exemption while refusing credit would conflict with the scheme of value added taxation and tax neutrality. en-us Thu, 11 Mar 2021 00:00:00 +0530 Tue, 21 Sep 2021 13:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=405568 An assessee eligible for exemption under the relevant schedule cannot be compelled to avail it merely because turnover falls below the threshold. Eligibility to claim exemption does not by itself amount to actual availment, and the statutory bar on input tax credit applies only where goods are actually exempted. On these facts, the goods were not exempted in the relevant sense, so denial of input tax credit was unsustainable. The provision dealing with forfeiture of tax collected in a different context did not support denial of credit. The court also noted that forcing an unclaimed exemption while refusing credit would conflict with the scheme of value added taxation and tax neutrality. Case-Laws VAT and Sales Tax Thu, 11 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=405568