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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 ..... rawal JUDGEMENT 1. Heard Sri B.K.Pandey, Additional Chief Standing Counsel on behalf of the revisionist, Sri Shubham Agarwal, counsel appearing on behalf of the respondent and perused the relevant orders. 2. This revision petition has been admitted on the following question of law :- "1. Whether on the facts and circumstances of the case the Commercial Tax Tribunal as well as Ist Appellate Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pradesh Value Added Tax Act, 2008 (hereinafter referred to as 'the Act') vide order dated March 30, 2018. The First Appeal was filed by the trader against the said order, while disposing of which, the first appellate 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be prescribed, be allowed credit of an amount, as input tax credit, to the extent provided by or under the relevant clause: . . . . . 13(1)(f). Notwithstanding anything to the contrary contained in this sub-section where goods purchased are resold or goods manufactured or processed by using or utilizing such where goods are sold, at the price which is lower than (i) purchase price o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds which is 2.53% of the total goods purchased 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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