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2015 (4) TMI 1295 - HC - VAT and Sales TaxReversal of input tax credit even before closure of the assessment year 2014-2015 - period from April, 2014 to October, 2014 - HELD THAT:- No doubt, it was the claim of the petitioner that at the time of purchase, they filed returns. Therefore, they claimed input tax credit. But even before the closure of assessment year 2014-2015, the assessing authority has passed the original assessment order and the notice was served on the petitioner only on 07.04.2015. In identical circumstances, this Court, while considering the almost similar issue, has come to the conclusion that the respondent cannot deny the benefit of input tax credit to the petitioner therein as it is contrary to the law laid down by the Apex Court in State of Maharashtra Vs. Suresh Trading Company [1996 (2) TMI 451 - SUPREME COURT]. Following the ratio laid down by the Apex Court, this Court is left with no other option except to direct the respondent not to deny the benefit of input tax credit to the petitioner as it is contrary to the law laid down by the Apex Court - petition allowed.
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