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TMI Blog2014 (3) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... d judgment and order dated 09.08.2012 passed by the Gujarat Value Added Tax Tribunal (hereinafter referred to as "Tribunal") in Second Appeal No.728 of 2011, the appellant - State has preferred the present appeal to consider the following proposed substantial question of law. "(A) Whether on the facts and in the circumstances of the case, the Tribunal has rightly interpre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 934 and 935 of 2012. By detailed judgment and order dated 18.01.2013, which is now State of Gujarat v. Reliance Industries Ltd. [2013] 58 VST 376 (Guj.), the Division Bench of this Court has dismissed the said appeals confirming the judgment and order passed by the learned Tribunal in Second Appeal Nos.76 and 77 of 2011. In the said decision, in the case of Reliance Industries Ltd. (supra), the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the State is accepted, a dealer who has availed of tax credit of four per cent would end up surrendering credit by 8 per cent or may be in a given case by 12 per cent. Surely, the Legislature could never have intended the reduction to exceed the tax credit itself. In the present case, this is precisely what would happen if the interpretation of the State is accepted. We have noticed that the furna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra), as such, no question of law much less any substantial question of law arises in the present appeal and hence, the present appeal deserves to be dismissed and accordingly is dismissed.
5. In view of the observation made hereinabove and dismissal of main Tax Appeal, O.J.C.A. No.720 of 2013 also deserves to be dismissed and is according dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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