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2022 (9) TMI 559
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....lenge has been made through an order of assessment passed by the respondents under the Tripura Value Added Tax Act, 2004 (TVAT Act, 2004 for short). At the time of notice, vide order dated 19.11.2018 this Court had noted various issues that arise for consideration in the present writ petition and later by an order dated 12.12.2018, the matter has been admitted. Reply has been filed. Though various issues have been framed by this Court in the order dated 19.11.2018, we are of the considered view that an opinion needs to be expressed on the said issues on the following facts. Mr. Saraf, learned senior counsel for the petitioner contends that the petitioner who is a registered dealer in the State of Tripura was dealing in processing of raw ....
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.... "...................As per TVAT Act 2004 the dealer is allowed Input Tax Credit against the goods purchased from the local registered dealer with Tax invoices in Form XXIX and purchase voucher in Form XLI related to goods under Schedule VIII......" In the selfsame paragraph, the Assessing Officer has further observed as follows: "...................As per records it is reiterated that the instant dealer availed Input Tax Credit against the entire goods (Raw rubber) purchased from both the local registered dealer and unregistered dealer during the periods under assessment." Therefore, the main issue that has risen for consideration is whether the denial of input tax paid or deposited by the petitioner on raw rubber purchase....
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....would be qualified for the benefit of input tax. In other words, all purchases made of items covered under Schedule VIII are liable for VAT but, in view of creation of Schedule VIII, the liability to deposit such tax on purchase of items covered under Schedule VIII falls clearly on the liability of the purchaser highly in the present case on the petitioner who is making such purchases. Therefore, this Court is of the considered view that insofar as claim for input tax is concerned, there can be no doubt that purchase tax deposited by the petitioner from purchases both from the registered and unregistered dealer qualified for being considered for the purpose of setting of as input tax credit. In other words, there is no bar on the petitioner....