Law: Sales Tax Act, 1990

Section: 8B,8B(1),8B(2),8B(3),10(1)

THIS ORDER PASSED BY: NAZIR AHMAD, (JUDICIAL MEMBER):---.--- Through the titled miscellaneous application, the registered person/applicant seeks rectification of ATIR order dated 18.05.2015 recorded in STA NO.455/LB/2014. 2. The learned counsel appearing on behalf of the registered person has vehemently argued that while deciding the appeal of the registered person, it was held by the learned Division Bench of this Tribunal:- "Bare perusal of the above section clearly transpires that class B of section 8 of the Act being a non- abstante clause overrides rest of the clauses of the Act on the issue under consideration. Therefore, stance taken by the learned counsel that in the case in hand the provisions of section 10(1) of the Act are applicable is not correct. Furthermore, according to the above quoted provisions of section 8B of the Act adjustment of input tax in excess of 90% of the output tax for any tax period is not admissible. Since, the registered person of the instant case adjusted 100% input tax in violation of clear-cut provisions of section 8B of the Act, therefore, treatment meted out by both authorities below cannot be termed as unjustified. Learned counsel has not been able to make out a case for our interference. Consequently, we uphold the impugned order on the issue under consideration by way of dismissal of instant appeal preferred by the registered person. We order accordingly." 3. He has apprised the court that above mentioned stance taken by the learned Division Bench is contrary to the sub-section (3) of section 8B of the Act, wherein it has been provided as under:- "The adjustment or refund of input tax mentioned in sub-section (2), if any, shall be made on yearly basis in the second month following the end of the financial of the registered person." 4. He further submits that there is no loss to the Revenue as the registered person was required to claim 90% of the input tax during the tax period under consideration, whereas he has claimed 100% input tax, which was ultimately adjustable/refundable according to the provisions of sub-section (3) of 8B of the Act at the end of the financial year. For this default, the learned counsel has…

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