TMI Blog2016 (11) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... revision petition stands dismissed in the light of judgment rendered in the case of M/s. Durgeshwari Food Limited, Sri Gangangar , with a rider that in case the judgment by Hon'ble Apex Court is decided in favour of the assessee in that case then this revision petition will be governed by the verdict of the Hon'ble Apex Court in SLP in the case of Durgeshwari Food Limited, Shri Ganganagar. - S.B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at input tax credit in the present case, was rightly reduced and was allowed only proportionately to the extent of manufacturing and sale of taxable goods by the assessee in the present case, namely, Aata , Maida and Suji , manufactured out of raw material (wheat) and such input tax credit could not be allowed to the extent of sale of VAT exempted goods, namely, wheat bran (Chaff/Chokar), whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these circumstances, where a debatable question was agitated by the respondent-assessee before the appellate forums created under the Act, it cannot be said that the assessee deliberately filed wrong returns or particulars of taxable turnover or malafide claimed 100% input tax credit. A benefit of doubt in this regard certainly goes in favour of respondent-assessee. 2. Accordingly, when simil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion stands dismissed in the light of judgment rendered in the case of M/s. Durgeshwari Food Limited, Sri Gangangar (supra), with a rider that in case the judgment by Hon'ble Apex Court is decided in favour of the assessee in that case then this revision petition will be governed by the verdict of the Hon'ble Apex Court in SLP in the case of Durgeshwari Food Limited, Shri Ganganagar. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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