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TMI Blog2024 (2) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... which tax of Rs. 13,27,46,784/- has been deposited on the sale of manufactured urea, which is many times more than the claimed ITC. Accordingly, Tribunal held that Section 13(1)(f) would not be applicable to the assessee, and accordingly, upheld the order of the Appellate Authority. Upon perusal of the documents, the finding of the Tribunal seems to be crystal clear and leaves no room for doubt. The assessee has paid far more tax than the ITC claimed, and accordingly, the rigours of Section 13(1)(f) of the Act would not be applicable to the assessee. There does not appear any need for interference in the order passed by the Tribunal. This writ petition is dismissed. - Hon'ble Shekhar B. Saraf, J. For the Revisionist : Av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authority accepted the appeal of the trader and cancelled the disputed amount of Rs. 70,76,786.00. In appeal before the Tribunal, the revenue's stand was rejected. Hence, this revision. 4. The case of the State is that the ITC benefit is available to the assessee only with regard to goods that has been purchased in the State of Uttar Pradesh and which are the goods on which VAT is paid. 5. Mr. Pandey has placed reliance upon Sections 13(1) and 3(1)(f) of the Act read with Rule 23(6) of the U.P. Value Added Tax Rules, 2008 (hereinafter referred to as 'the Rules'). The said Sections are provided below and reads as follows :- 13(1). Subject to provisions of this Act, dealers referred to in the following clauses and hol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hased by the assessee. He submitted that as the ammonia manufactured in the establishment has been sold for Rs. 7,08,91,43,307/-, the amount of transfer of VAT goods comes to Rs. 17,88,00,216/- at the rate of 2.53%. In his view, the VAT goods used in manufacturing was of Rs. 37,44,77,423/-, which was higher than the 2.53% of the transfer value of the final product. He, accordingly, contended that only 2.53% of Rs. 17,88,00,216/- should be allowed as ITC and the balance amount should be taxed at the rate of 5%. 8. The Tribunal has examined the provisions of the Act and come to a finding that the assessee claimed ITC of Rs. 1,43,83,587/- in the relevant year against which tax of Rs. 13,27,46,784/- has been deposited on the sale of manufact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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