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2016 (11) TMI 1318 - RAJASTHAN HIGH COURT

2016 (11) TMI 1318 - RAJASTHAN HIGH COURT - TMI - Input tax credit - when similar view has already been taken by this Court on identical facts, there is no reason to deviate with the judgment rendered in CTO Vs. M/s. Durgeshwari Food Limited, Shri Ganganagar [2011 (12) TMI 654 - RAJASTHAN HIGH COURT] - the 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 .....

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ood Limited, Shri Ganganagar (2012) 32 Tax Update 03, has reversed the order passed by the Tax Board holding as under:- " In the considered opinion of this Court, therefore, in view of specific provisions contained in Section 18 of the VAT Act of 2003, the ratio of the judgments relied upon by the learned counsel for the respondent-assessee would in fact support the case of the Revenue, and as a necessary corollary, it deserves to be held following these aforesaid judgments, that input tax .....

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x credit and reverse tax has been imposed on the respondent-assessee. Therefore, as far as impugned order of learned Tax Board dated 13.03.2009 to the extent of setting aside the imposition of reverse tax disallowing the proportionate input tax credit is concerned, the same cannot be sustained and deserves to be quashed by this Court, and to that extent the revision petitions filed by the petitioner-Revenue deserve to be allowed. However, as far as question of penalty u/s 61 of the Act is concer .....

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