2025 (8) TMI 405

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....ioners challenging the order passed by the revisional authority was rejected. 2. We have heard Mr. Shobhantany Bhattacharya, learned advocate for the petitioner and Mr. Tanoy Chakraborty, learned advocate for the respondents. 3. The writ petitioners are aggrieved by not granting the input tax credit allowable to them for the year 2015-2016 and the year 2016-2017. 4. As could be seen from the assessment order dated 16th February, 2018 for the period 2015-2016, the assessing officer held that net tax credit allowed under section 22(17) of the West Bengal Value Added Tax Act, 2003 (for brevity 'the Act') is Rs. 78,62,235.00/- and in the computation, the net tax credit carried forward to the next year has been mentioned as Rs. 14,57,009.48/-....

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.... the suo moto revision petition. The matter was ultimately dealt with by the revisional authority viz, the Additional Commissioner of Commercial Taxes, Dharmatala Circle in a petition filed under section 86 of the Act and the computation as made in the said order dated 9th August, 2024 the following has been mentioned: Particulars Amount (Rs.) Output tax (Rs) Turnover of sale on which tax is payable & output tax thereon 17455634.00 872781.70 Taxable turnover of purchase & output tax thereon 1318700.25 29501.00 Total output tax payable - 902282.70 Net tax credit allowed u/s 22(17) 3636100.00   Amount of ITC adjusted with tax payable under CST Act, 1956. 1901272.00   Net tax credit c/f to the next year 1876....

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....sp; 19,42,828.00   Excess Refundable ITC   33,33,349.48 9. After perusing the assessment order, the order passed by the revisional authority as well as the order passed by the learned tribunal, we find that no comment has been made by any of the authorities on the above computation nor there has been any cross verification of the same. Nonetheless, however, the revisional authority holds that the net tax credit allowable under section 22(17) of the Act is Rs. 36,36,100.00/-. The petitioners should be granted the benefit of the same and technicalities should not stand in the way. 10. This observation is made considering the peculiar facts and circumstances of the case and not to be treated as a precedent. 11. For the above....