ASSISTANT COMMISSIONER Vs. BHAGWATI BUILDING MATERIAL STORE

JUDGEMENT

(1.) In all these petitions a common question has been raised about the Input Tax Credit (ITC) which was claimed by the assessee on the basis of VAT invoice.

(2.) While the Assessing Officer disallowed the ITC and it was the contention of Revenue that the assessee cannot sell the goods lower than what is shown in the VAT invoice of purchase and simultaneously to claim ITC as per the invoice. However, both the Appellate Authorities have come to a finding that the claim of assessee was just and proper and ITC as claimed was allowable which has been assailed by the Revenue in all these petitions. Since common question has been raised, therefore, all the petitions are being disposed of by this common order.

(3.) At the outset learned counsel for the assessees has brought to the notice of this court that the self same question has come up before this court on several occasions and this court has held that ITC is allowable as per the VAT invoice irrespective of sale value.