VAT

ITC of Building Construction Material under UPVAT – High Court admits Petition

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.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

High Court explains the meaning of term ‘enterprise’ appearing in section 80IA

High Court explains the meaning of term ‘enterprise’ appearing in section 80IA to means a project or an undertaking owned…

2 hours ago
  • Income Tax

Addition deleted as assessee was only a carrier of cash not owner who came up to own it

Addition deleted as assessee was only a carrier of cash and the real owner had come forward owning the cash…

2 days ago
  • RTI

Lokayukta Police not exempt from disclosure of information under RTI Act 2005 – SC

Lokayukta Police not an ‘intelligence and security’ organisation  and hence not exempt from disclosure of information under RTI Act 2005…

4 days ago
  • Income Tax

Payment of imprest whether a transfer within the meaning of section 269ST

Payment of imprest whether a transfer within the meaning of section 269ST – case remanded for determination In a recent…

6 days ago
  • ICAI

CA Misconduct – Order quashed as judgment not passed by same members who heard arguments.

CA Misconduct – Appellate order quashed as final judgment was not passed by same members who heard arguments. In a…

1 week ago
  • Insurance

Deceased homemaker can not be considered as dependant for award of compensation under MV Act – SC

Deceased homemaker can not be considered as dependant for award of compensation under MV Act. Courts to award a composite…

1 week ago