BHARAT ALUMINIUM CO LTD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Notification No. F 10-180/2007/CT/V(59), dated 17.12.2012 issued under Entry 8 of Schedule III of the Chhattisgarh Value Added Tax Act, 2005 (Annexure P/3) has been challenged in the present writ application.

(2.) The Entry in question reads as under:

(3.) The Petitioner is a registered dealer under the Value Added Tax Act, 2005 (hereinafter called 'the VAT Act'). It is the case of the Petitioner that in terms of the VAT Act, the credit or tax paid by a registered dealer on purchases made from another registered dealer is available as 'input tax credit' under Section 13 of the VAT Act. The goods on which the input tax credit is available are mentioned in Part I, Part II and Part IV of Schedule II appended to the VAT Act. The credit is either utilized or adjusted against the tax payable on sales made by the registered dealer, if claims for such credit is made. The utilization or adjustment is called 'input tax rebate'.