STATE OF PUNJAB Vs. CITY PETRO

JUDGEMENT

(1.) THE instant appeal filed under Section 68 of the Punjab Value Added Tax Act, 2005 (for brevity, 'the VAT Act') is directed against the order dated April 11, 2008 (P5) passed by the Value Added Tax Tribunal, Punjab, Chandigarh (for brevity, 'the Tribunal'), holding that the delay in filing the claim for input -tax credit should have been condoned as per the provisions of Section 14 of the VAT Act and Rule 25(1)(b) of the Punjab Value Added Tax Rules, 2005 (for brevity, 'the VAT Rules').

(2.) BRIEF facts necessary for disposal of the controversy raised are that the VAT Act has come into force with effect from April 1, 2005, which has repealed the Punjab General Sales Tax Act, 1948 (for brevity, 'the Sales Tax Act') with effect from March 31, 2005. It is pertinent to notice that under Section 5(1A) of the Sales Tax Act the State Government has declared various goods on which tax was levied at the first stage of sale and under proviso to the section, sale of such goods at a subsequent stage was exempted from imposition of tax, which was subject to the condition that the dealer effecting the sale at subsequent stage furnishes to the assessing authority certificate duly filled and signed by the registered dealer from whom the goods were purchased.

(3.) THE respondent has been a dealer registered under the erstwhile Sales Tax Act and it was also granted TIN No. 03581010959 03581010959 under the VAT Act for purchase and sale of petrol, diesel and lubricants, etc. The Revenue has claimed that it has failed to file statement of stock of goods taxable at the first stage of sale under the Sales Tax Act within the prescribed period of 45 days. The stock statement was received by the designated officer on August 17, 2005, who rejected the claim on the ground of delay (A1).