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2017 (9) TMI 197 - HC - VAT and Sales TaxLevy of purchase tax - Sale of sugar and other allied products - The Excise and Taxation cum Designated officer, Jalandhar while completing the assessment determined the purchase price of sugarcane for the purpose of levy of purchase tax at ₹ 4,75,60,337/-. The appellant had declared the purchase price at ₹ 4,66,76,828/- being the statutory minimum price fixed by the Government of India for the year under consideration - According to the appellant, although the Assessing officer admitted availability of ITC at ₹ 20,95,351/- yet allowed ITC at ₹ 29,964/-. The Assessing officer allowed net ITC at ₹ 1,85,875/- and created additional demand of ₹ 38,85,333/- inclusive of penalty under Section 53 of the PVAT Act at ₹ 16,10,307/- and interest under Section 32 of the PVAT Act at ₹ 4,02,576/- - Held that: - similar issue decided in the case of THE MORINDA COOPERATIVE SUGAR MILL LTD MORINDA Versus STATE OF PUNJAB & ORS [2016 (9) TMI 1315 - PUNJAB AND HARYANA HIGH COURT], where it was held that There is no justification for levy of penalty for the period recovery of tax remained stayed by this Court - following the said decision, there is no merit in the appeals and the same are hereby dismissed.
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