9911796707
TMI Blog2015 (9) TMI 1512X X X X Extracts X X X X X X X X Extracts X X X X ..... Ganganagar [2011 (12) TMI 654 - RAJASTHAN HIGH COURT], the court has reversed the order of tax board and allowed credit - when similar view has already been taken by this Court on identical facts, there is no reason to deviate with the judgment rendered in CTO Vs. M/s. Durgeshwari Food Limited, Shri Ganganagar. Matter is pending before the Apex Court. - The revision petition stands dismissed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under:- In the considered opinion of this Court, therefore, in view of specific provisions contained in Section 18 of the VAT Act of 2003, the ratio of the judgments relied upon by the learned counsel for the respondent assessee would in fact support the case of the Revenue, and as a necessary corollary, it deserves to be held following these aforesaid judgments, that input tax credit in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and to that extent the revision petitions filed by the petitioner-Revenue deserve to be allowed. However, as far as question of penalty u/s 61 of the Act is concerned, the imposition of the same by the Assessing Authority under Section 61 of the Act of 2003 to the extent of double the amount of tax is concerned, the same cannot be sustained and deletion of penalty in these circumstances, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n be kept pending till disposal of appeal by the Hon'ble Apex Court or in the alternative she contends that whatever order will be passed by the Hon'ble Apex Court in SLP by the Hon'ble Apex Court in the case of M/s. Durgeshwari Food Limited, Shri Gangangar (supra), should also govern the fate of the instant revision petition. 4. Accordingly, the revision petition stands dismissed i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
