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Dvat input tax when input vat % is more than output vat %

This query is : Resolved 
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(Querist)
01 November 2011 Dear all

my client is purchasing raw material @ 12.5% and selling the finished goods @ 5% output vat.

He is claiming DVAT Input @ 12.5% while Output liabilty is 5% .

The DVAT authority is saying that assessee is wrong in this process he can claim input vat rate lower than output vat rate

Please suggest.
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Ram Avtar Singh

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Ram Avtar Singh (Expert)
01 November 2011 Dvat Authority is wrong. no restriction. you can avail full dvat on input of raw material.
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hitesh sharma

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hitesh sharma (Querist)
01 November 2011 Sir can you please mention any case law
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Hitender Gaur

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Hitender Gaur (Expert)
05 November 2011 It is mentioned in DVAT ACT no need to explain any case.

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