TaxTMI 
TaxTMI 
2022 (12) TMI 265
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....ibunal [hereinafter referred to as "Tribunal"]. 3. Mr Ashok K. Bhardwaj, who appears on behalf of the appellant, says that the only question of law which the appellant would want this court to consider is the following: "Whether the provisions of the DVAT Act, 2004 provide for a claim of Input Tax Credit only for the tax period to which such purchases pertain based on the date indicated on the tax invoices." 4. Admit. 5. The aforesaid question of law was considered and arguments were advanced by the counsels for the parties qua the same. 6. Briefly, the facts which are necessary to be considered while rendering a decision qua the aforesaid question of law are the following: 6.1. The appellant received materials for e....
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.... file, the Challans of payment of VAT & the Tax Invoice are enclosed herewith. It is requested that the payment of VAT upto IIIrd Quarter i.e., 31.12.2006 amounting to Rs. 15,44,081.00 (Rupees Fifteen Lacs Forty Four Thousand Eighty One Only) shall be paid to us. Kindly release the payment of VAT at the earliest & oblige." 9. Furthermore, Mr Bhardwaj has also relied upon the certificate issued by the Chartered Accountant dated 29.03.2007, to which reference is made in the above-extracted communication dated 02.04.2007 addressed by the vendor to the appellant. The certificate facially indicates that the VAT for each of the three invoices in issue has been paid. 10. Mr Bhardwaj says that a harmonious reading of the pro....
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.... arise. More specifically, in this context the class of transactions to which the provision applies are referred to in sub-section (4) of Section 12 of 2004 Act. The said provision reads as follows: Section 12(4) - The Government may prescribe the time at which a dealer shall treat the - (a) turnover; (b) turnover of purchases; and (c) adjustment of tax or adjustment to a tax credit, as arising for a class of transactions." 12.3. A bare perusal of the aforesaid provision would show that it grants the Government leeway for prescribing the time at which a dealer shall treat when "turnover of purchases" would arise; amongst other class of transactions. 13. Insofar as the works contract is concerned, th....
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....ative of the fact that the turnover of purchases arising in the tax period by means of transfer of property in goods under a works contract, executed or under the execution in the tax period, is consideration received or receivable by the dealer for such transfer of property during the relevant tax period. 14. Clearly, in the instant case, the consideration was receivable by the purchasing dealer upon transfer of property in the subject goods i.e., when the tax invoices were generated, if not earlier. 14.1. The fact that by mutual inter se arrangement the appellant was required to reimburse the tax component to the selling dealer at a point in time much which was later than when the tax invoices were raised, would not enable the appel....