TaxTMI 
TaxTMI 
2021 (7) TMI 26
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....ed regularly, however, in Case No.625/2007, the input tax rebate was not allowed on the stock held by him on 01.04.2006 on the ground that Form-74 Stock Statement was not submitted on time. Consequently on the basis of extra demand, interest was also levied under section 19(4)(a) which was eventually affirmed by the order dated 28.08.2010 passed by the revisional authority, which is under challenge. It is the case of the petitioner that the petitioner had already purchased certain goods on which the tax was paid, as such, when the transitory period came into play and at that time if the return was not filed as per the C.G. VAT Act, 2005 due to certain unavoidable reasons, the double taxation could not be levied. He would submit that in any case, the meagre penalty could have been imposed to the extent which is prescribed under the statute, however, the levy of interest and tax again cannot be made. He further submits that the period of time which was prescribed for the transitory period is directory in nature. He referred to the judgment rendered in 2019 SCC OnLine Gujrat 3711 (Siddharth Enterprises v. Nodal Officer) and drawing the analogy would submit that the transitional credit....
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....l and savings.-The Chhattisgarh Vanijyik Kar Adhiniyam, 1994 (No.5 of 1995) shall stand repealed on the date of coming into force of this Act : Provided that - (I) Such repeal shall not affect - (a) the previous operation of the Act so repealed or Act No.2 of 1959 repealed by Act No.5 of 1995 (hereinafter referred to as a repealed Act) or anything duly done or suffered, thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act, including the facility of exemption from payment of tax/deferment of payment of tax extended to any registered dealer under that Act for his having established new industrial unit in the State or undertaken expansion, modernization or diversification in such industrial unit : Provided that the facility of exemption from payment of tax/deferment of payment of tax extended to any registered dealer under that Act for his having established new industrial unit in the State or undertaken expansion, modernisation or diversification in such industrial unit, shall be suitably amended/modified as per the provisions of this Act. For this purpose, the State Government may is....
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.... statement in Form 74 in respect of goods, specified in Schedule-II held in stock by him on the date of commencement of the Act and such statement shall be furnished by him to the appropriate Commercial Tax Officer within [31st May, 2006] days of such date." 7. Rule 82 thereafter speaks about imposition of penalty for breach of Rules. Reading of Rule 80 prescribed that a registered dealer shall furnish a statement in Form-74. Since it is a transitory period, the registered dealer after commencement of VAT Act 2005 shall furnish a statement in Form-74 in respect of goods specified in Schedule-II held in stock by him on the date of commencement of the Act and the statement should be furnished by him within 31st May, 2006. It is not disputed that the earlier time period was further extended for another 60 days. Admittedly the petitioner had filed the stock statement on 07.11.2006 with a delay of 161 days. The petitioner claims that on the earlier Act of 1994, since the goods were purchased on which the tax were paid, he was entitled to get the benefit and the delay of filing being directory in nature cannot be strictly interpreted. The Supreme Court in ALD AUTOMOTIVE PVT. LTD. (201....
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....at this moment, I am not impressed upon the decision of Gujarat High Court relied upon by the learned counsel for the petitioner in Siddharth Enterprises Versus Nodal Officer 2019 SCC OnLine Gujarat 3711 (supra) wherein the fiscal law was held to be directory in nature. The Supreme Court in ALD Automotive Pvt. Ltd., 2019 SCC 225 (supra) while dealing with the input tax credit held that the condition under which the concession and benefit is given is always to be strictly construed. It further held that in the event it is accepted that there is no time period for claiming input tax credit, the provision becomes too flexible and gives rise to large number of difficulties including difficulty in verification of claim of input credit. It also held that taxing statutes contain self-contained scheme of levy, computation and collection of tax. The time under which a return is to be filled for the purpose of assessment of the tax cannot be dependent on the will of a dealer. 9. Under such interpretation when we refer to transitory provisions of section 73 sub-section (2) of the VAT Act, 2005 it mandates that where any goods specified in Schedule-II held in stock by registered dealer on t....