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TMI Blog2017 (11) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... its grievance with regard to claim passed by the amended order by the Commissioner of Commercial Tax dated 10.2.2016 allegedly entitling the petitioner company for the refund, so as claimed - since this writ petition has been entertained in the year 2013 on 27.5.2013 and was pending before this Court, there would be delay caused to approach the appellate authority on the part of the petitioner - we direct the appellate authority to entertain the appeal, if the same is filed within a period of three weeks from today, without going into the question of limitation. - Writ Tax No. 600 of 2013 - - - Dated:- 1-11-2017 - Hon'ble Abhinava Upadhya And Hon'ble Ashok Kumar, JJ. For the Petitioner : Piyush Agrawal,Bharat Ji Agrawal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Eligibility Certificate has been issued under Section 4-A of the U.P. Trade Tax Act by the competent authority and the fixed capital investment of the petitioner company/unit was mentioned in the Eligibility Certificate being ₹ 96,41,67,155/- whereas it should have been ₹ 130,07,57,450/-. Learned Counsel has submitted that there was no reason mentioned for reduction of the fixed capital investment. The said Eligibility Certificate has been treated as partial Eligibility Certificate and, therefore, the petitioner has agitated the matter upto the stage of Trade Tax Tribunal with regard to issue fixed capital investment as well as its production capacity which was substantially increased. Learned counsel for the petitioner h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of Entitlement it is clear that the petitioner is entitled for grant of exemption by way of refund to the extent of ₹ 20,68,26,000.78 for the period with effect from 1.1.2008 to 12.2.2013. Learned counsel for the petitioner has placed the relevant provisions of U.P. VAT Act being Section 42(4), Section 42(4A)m, Section 42(5) and Section 42(7), which are reproduced herein below : 42. Treatment of industrial units availing exemption or reduction in the rate of tax under erstwhile Act,- (4) The industrial unit availing benefit of exemption from, or reduction in the rate of tax on the turnover of sales before the date of commencement of this Act or an industrial unit which is granted the facility of exemption from, or redu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferential amount of tax payable under this Act on the sale of taxable goods other than non-vat goods, manufactured in the unit and input tax credit available to the extent or proportionate to taxable goods other than non-vat goods sold, in case of an industrial unit availing facility of exemption from tax under the erstwhile Act and the Central Sales Tax Act, 1956, (ii) the partial amount of net tax computed under clause (i) above, in proportion to the rate of tax available for exemption to the rate of tax payable under the erstwhile Act, in case of an industrial unit availing benefit of reduction in the rate of tax. (4-A) The industrial unit availing or granted benefit of exemption from, tax on the turnover of purchase before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... put Tax Credit means the amount of admissible input tax credit computed on the basis of data declared in the returns of tax period where industrial unit was availing benefit of exemption under the erstwhile Act. (5)(a) The amount found refundable shall be refunded within a period of 30 days from the last date of the month in which dealer files the return of relevant tax period along with the proof of deposit of net tax payable. (b) The amount of refund shall be made in such manner as may be prescribed. (c) The industrial unit failing to deposit the net tax admittedly payable within prescribed time and in prescribed manner or deposits it after due date, the amount of interest leviable and penalty imposed, if any, shall be adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing Authority, of which the petitioner is affected and has filed the present writ petition. We have heard Shri Piyush Agrawal, learned counsel for the petitioner and Shri C.B. Tripathi, learned Special Counsel appearing for the respondents. With the consent of the learned counsel for the parties the writ petition is finally disposed of by directing the petitioner to approach the appellate authority under Section 55 of the U.P. VAT Act or any other provision of law, which entitled the petitioner to approach the appellate authority to raise its grievance with regard to claim passed by the amended order by the Commissioner of Commercial Tax dated 10.2.2016 allegedly entitling the petitioner company for the refund, so as claimed. L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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