TaxTMI 
TaxTMI 
2019 (8) TMI 1610
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.... as 'ITC') solely on the basis of original tax invoices in view of Section 18(6) of Jharkhand Value Added Tax (hereinafter referred to as 'JVAT') Act read with Section 18(8) of the said Act. (b) For quashing the order dated 25.10.2016 (annexure-6) passed by the learned Commissioner of Commercial Taxes, Jharkhand, Ranchi in Revision Case No. CC(S) 197/2016. (c) For quashing the assessment order dated 25.03.2014 (annexure-4) for the assessment year 2010-11 passed by DCCT, Special Circle, Ranchi read with re-assessment order dated 19.05.2015 (Annexure-5) to the extent ITC has been denied on account of non-availability of JVAT Form 404. (d) For quashing revised demand notice dated NIL (annexure-5/1) to the extent it relates to denial of I....
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....provide for furnishing of JVAT 404 forms for the purpose of claiming benefit of ITC and it only contemplates production of tax invoices in original and even in appropriate cases, the Assessing Officer can even dispense with requirement of production of tax invoices in original for good and sufficient reasons to be recorded in writing . 3. The learned counsel for the petitioner further submits that the issue involved in the instant case is squarely covered by the decision passed in the case of Brahmaputra Metallics Limited, Ranchi Vs. The State of Jharkhand and others in W.P.(T) No.2775 of 2017 allowed by this Court vide order dated 09.07.2019. 4. Per Contra, the learned counsel for the respondent-State has contended that though the issue ....
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....t contemplate production of JVAT -404 Forms as a mandatory condition for availing benefit of ITC. However, Rule35(2) of the JVAT Rules, 2006 stipulates further condition of production of JVAT 404 Form as requirement for claiming benefit of ITC. To this extent, Rule- 35(2) of the JVAT Rules, 2006 is inconsistent with the provision of Section- 18(6) of the JVAT Act, 2005 and is required to be held directory in nature and not mandatory. 40. For the reasons stated hereinabove, our conclusion is as follows: - (i) Coal used for generation of electricity in the captive power plant of the petitioner and electricity generated, in turn utilized exclusively for the manufacture of finished goods, is to be treated as raw material of the finished goo....