COMMERCIAL TAX OFFICER Vs. JYOTI ELECTRONICS

JUDGEMENT

(1.) Instant petition by the petitioner-Revenue is directed against order passed by the Rajasthan Tax Board, Ajmer ( for short, 'Tax Board') dated. 08/10/2013 dismissing the Appeal No.740/2012 filed by the Revenue. It relates to Assessment Year 2008-09.

(2.) The brief facts, which can be noticed, are that the respondent-assessee is a dealer of electronic items, was granted trade discount by the manufacturer/purchaser of the goods and during the Assessment Year 2008-09 got discount to the extent of Rs.9,60,183/- and claimed Input Credit based on the invoice value. However, the Assessing Officer ( for short, 'AO') was not satisfied with the claim of the respondent-assessee as Input Tax Credit having been taken on the higher side than the ultimate sale value to the consumers and accordingly, levied differential tax.

(3.) The matter was challenged by the respondent-assessee before the Deputy Commissioner (Appeals) [for short, 'DC(A)'], who, after analyzing the material on record, allowed the appeal by holding that the Input Tax Credit has rightly been claimed by the respondent-assessee.