Question of ITC in Building Construction Material such as Angle, Cement, H.R. Sheets, Channel, Cylinder etc. under UPVAT – High Court admits Petition
ABCAUS Case Law Citation:
ABCAUS 2788 (2019) (02) HC
The respondent company had claimed Input Tax Credit (I.T.C.) in regard to the Building Construction Material such as Angle, Cement, H.R. Sheets, Channel, Cylinder etc. which was disallowed by the UP VAT Assessing Authority.
Feeling aggrieved by that order, the dealer preferred an appeal before the first appellate authority which was also rejected.
The dealer preferred second appeal before the Commercial Tax Tribunal, which was allowed.
Aggrieved, the Commissioner, Commercial Tax, U.P. has preferred this revision petition before the High Court.
It was contended on behalf of the UP VAT Authorities that the capital goods have been defined in Section 2(f) of the U.P. Value Added Tax Act and it does not cover the building material as capital goods.
The High Court has admitted the petition on found force in the above argument.