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2015 (1) TMI 807 - HC - VAT and Sales TaxTax liability on the Nitrogen component - Exemption in respect of Phosphate and Potassium contents of the fertilizer available or not – Held that:- In State Of UP. and others Versus Deepak Fertilizers & Petrochemical Corporation Ltd. [2007 (5) TMI 323 - SUPREME COURT OF INDIA] it has been held that the Notification dated 15.5.1995 is discriminatory as it exempts all kinds of Phosphatic content of NPK except 23:23:0. - fertilizer of the NPK category such as NPK 12:32:16; NPK 15:15:15; NPK 20:20:0;, NPK 14:35:14 are included in the exemption list whereas it is a mater of fact that the NPK 23:23:0 fertilizer is also a fertilizer of the same category but it has been omitted from the list and, therefore, the classification made under the Notification 1995 does not hold ground on a rational basis – thus, in view of the Circular dated 11.3.2013 issued by the Director of Agriculture, U.P. Lucknow and the revisionist is entitled to grant of exemption on the phosphate and potassium of NPK 10-26-26 in the light of the said circular and in the circumstances it is not necessary to relegate the assessee to the Tribunal – thus, the order of the Tribunal is set aside – Decided in favour of revisionist assessee.
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