TaxTMI 
TaxTMI 
TaxTMI 
2016 (10) TMI 374
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....009-10: "Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal was justified in rejecting the claim of the assessee for the Input Tax Credit, even though such purchases are not disqualified as per Schedule-'E' attached to the Haryan VAT Act, 2003?" 2. Learned counsel for the appellant submitted that the appellant is a registered dealer under the provisions of Haryana Value Added Tax Act, 2003 (for short, 'the Act'). It is engaged in the business of manufacture, sale and purchase of milk and milk products. For the assessment year in question, namely, 2005-06, the gross turnover of the appellant was Rs. 87,41,26,563/-. While framing the assessment vide order dated 30.1.2009, the Deputy Excise &....
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....evant as it contains capital goods when intended to be used mainly in the manufacture of exempted goods or in the telecommunications, energy or mining or generation and distribution of electric energy or any other form of power or when it forms part of gross block on the date of cancellation of registration certificate. Items at Serial Nos. 3 and 4 were omitted with effect from 1.7.2005, hence, will not be relevant for the assessment year in question. Item at Serial No. 5 provides for all goods except those mentioned at Serial Nos. 1 and 2. None of the circumstances as enumerated in column 3 of the Schedule exists in the present case on the eventuality of which the input tax credit will not be admissible. 4. Learned counsel for the petitio....
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....unal in the case of Amir Chand Jagdish Kumar, Gharaunda, Karnal's case (supra) is distinguishable as in that case the tax was paid on purchase of machinery and its parts, which were used for manufacture of rice. 6. In response, learned counsel for the appellant submitted that even if the goods purchased by the appellant fall in the category of capital goods, still if Schedule-'E' is read, the appellant will be entitled to input tax credit on their purchase as none of the circumstance exists on account of which the input tax credit shall be 'nil'. 'Capital goods' have been defined in Section 2(1)(g) of the Act. 7. Heard learned counsel for the parties and perused the paper book. 8. The relevant provisions of th....
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....ax but shall not include tax paid in respect of goods specified in Schedule E used or disposed of in the circumstances mentioned against such goods: Provided that where the goods purchased in the State are used or disposed of partly in the circumstances mentioned in Schedule E and partly otherwise, the input tax in respect of such goods shall be computed pro rata: Provided further that if input tax in respect of any goods purchased in the State has been availed of but such goods are subsequently used or disposed of in the circumstances mentioned in Schedule E, the input tax in respect of such goods shall be reversed. (2) A tax invoice issued to a VAT dealer showing the tax charged to him on the sale of invoiced goods shall, subject to....
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....cellation of the registration certificate. 3 (x x x) 4 (x x x) 5 All goods except those mentioned at Serial Nos. 1 and 2 (i) When used telecommunications network, in mining, or the generation and distribution of electricity or other form of power; (ii) When exported out of State or disposed of otherwise than by sale; (iii) When used in the manufacture or packing of exempted goods except when such goods are sold in the course of export of goods out of the territory of India; (iv) When used in manufacture or packing of taxable goods which are exported out of State or disposed of otherwise than by sale; (v) When left in stock, whether in the form purchased or in manufactured or processed form, on the date of cancellation....
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....h such dealer is allowed to take credit of as payment of tax by him, calculated in accordance with the provisions of Section 8 of the Act. "Tax Invoice" has been defined in Section 2 (1)(zl) of the Act to mean an invoice required to be issued as per Section 28 (2) of the Act for sale of taxable goods by a dealer to another dealer for resale by him or for use by him in manufacture or processing of goods for sale, and which entitles him to claim input tax as per provisions of Section 8 of the Act. Section 8(1) of the Act provides that input tax in respect of any good purchased by a VAT dealer shall be the amount of tax paid to the State on the sale of such good to him but shall not include tax paid in respect of goods specified in Schedule &#....