COMMERCIAL TAXES OFFICER, CIRCLE-A Vs. SHARDA AGENCIES

JUDGEMENT

(1.) These instant revision petitions are directed against the order dated August 23, 2013 passed by the Rajasthan Tax Board, Ajmer in Appeal Nos. 38 and 39/2013/Ajmer by which the appeals filed by the Revenue were dismissed which relate to assessment years 2007 -08 and 2008 -09. The brief facts are that the assessee -respondent is a dealer of cement. He claimed input -tax credit on the basis of VAT invoice whereas he sold goods at the rate lower than the price shown in VAT invoice keeping in view the discount/incentive received. The assessing officer did not allow input -tax credit and added the discount/incentive as according to him input -tax credit could not have been allowed on the basis of VAT invoice which was claimed higher.

(2.) On appeals by the assessee, the Deputy Commissioner (Appeals) (for short "the DC (A)") allowed appeals by holding that the assessee was entitled to the claim. The Tax Board, on further appeals by the Revenue, upheld the order of the DC (A). Thus the revision petitions by the Revenue.

(3.) The learned counsel for the Revenue contended that the assessing officer was well justified as the discount and commission ought to have been part of trading account and the assessee claimed excess input -tax credit which was not legally permissible and the Rajasthan Tax Board was unjustified in holding the same. He further contended that the questions of law arise out of the order of the Tax Board and need consideration of this court.