BHAGWATI JEWELLERS Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This revision petition under Sec. 84 of the Rajasthan Value Added Tax Act, 2003 (hereinafter referred to as "the Act of 2003") is directed against the order dtd. 17/12/2021 passed by the Rajasthan Tax Board, Ajmer (hereinafter referred to as "the Board") whereby petitioner's claim of input tax credit has not been accepted, affirming the order of the Assessing Officer.

(2.) The petitioner by this revision petition has assailed only that part of the order by which the input tax credit has not been allowed.

(3.) Learned counsel for the petitioner would argue that as far as claim of input tax credit is concerned, it is governed by provision contained in Sec. 18 of the Act of 2003 read with Rule 18 of the Rajasthan Value Added Tax Rules, 2006 (hereinafter referred to as "the Rules of 2006"). Learned counsel for the petitioner would argue that as the input tax credit is available in respect of the event of purchase of any taxable goods from a registered dealer under Sec. 18 of the Act of 2003, such benefit could not be disallowed by taking recourse to the provision contained in Sec. 72 of the Act of 2003 read with Rule 38 of the Rules of 2006 as they are not applicable in respect of a purchaser but will apply only in case of a seller.