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M/s Bhagwan Rishabnath Rice Mills Pvt. Ltd. Versus Commissioner of Commercial Taxes

2017 (9) TMI 753 - ALLAHABAD HIGH COURT

Benefit of section 4BB of the Act - Held that:- The benefit of Sec 4BB is the statutory benefit and the assessees are entitled for the said benefit. To this effect, the Commissioner has already issued a circular No. 554 dated July 22, 2004 - similar issue covered by the case of AR. Rice Mills Pvt. Ltd. Versus Commissioner of Commercial Taxes, UP. Lucknow [2009 (11) TMI 861 - ALLAHABAD HIGH COURT], where relying in the case of Diksha Suri v. ITAT [1997 (5) TMI 20 - DELHI High Court], Union of Ind .....

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ed and hence as agreed and requested by learned counsel for the parties all these revisions are being decided by this common judgment. 2. It is stated at the Bar that questions of law raised in these revisions are squarely covered by judgment dated 13.11.2009 passed by this Court in the bunch of Trade Tax Revisions led by Trade Tax Revision No. 108 of 2008 (M/s A.R. Rice Mills Pvt. Ltd. Hardoi Vs. Commissioner of Commercial Taxes, U.P., Lucknow). The judgment of this Court reads as under: " .....

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ged in the manufacture and sale of rice. Each assessee was enjoying the eligibility certificate issued under Section 4-A of the Trade Tax Act for a particular period or tax rebate on the fixed capital investment as mentioned in the relevant certificate. The assessees have purchased the paddy as raw material and paid the tax. The assessees have claimed the set off of the tax already paid on the paddy as per Section 4-BB before getting the benefit in the computation to be made under Section 4-A of .....

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ssed by the A.O. where he has denied / recalled the benefit already given pertaining to the tax paid on paddy. Not being satisfied, the assessees have knocked the door of this Court through the present revisions. With this background, Sri Pradeep Agarwal learned counsel for the revisionists submitted that each assessee has established a new units for making rice from paddy and applied the eligibility certificate which was granted under section 4-A of the Act. As per section 4-BB, the assessees w .....

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he same was recalled. Being aggrieved, the assessees have filed the first appeal before the first appellate authority who has allowed the claim of the assessee. Not being satisfied, the department has filed an appeal before the Trade Tax Tribunal who vide its impugned order has allowed the appeals filed by the department and wrongly denied the benefit given by the first appellate authority. He further submitted that a Division Bench of the Tribunal has earlier decided a few appeals on merits in .....

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tored. On the other hand, Sri Sanjai Sareen learned counsel for the Department has supported the impugned orders passed by the Tribunal. He submitted that the Tribunal has decided only the proceedings passed under Section 22 of the Trade Tax Act. I have heard both the parties at length and gone through the material available on record. From the record, it appears that the benefit of Section 4-BB of the Act is the statutory benefit and the assessees are entitled for the said benefit. To this effe .....

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395 Delhi 2. U.O.I. v. Paras Laminates (P) Ltd., 186 ITR 722 SC 3. CIT v. L. G. Ramamurthy, 110 ITR 453 Madras The coordinate Bench of the Tribunal must follow the earlier decision as per the ratio laid down in the case of C.I.T. v Travencore, 265 ITR 526 Kerala. The Hon'ble Supreme Court in the case of Honda Siel Power Products Ltd. v. Commissioner of Income Tax, 295 ITR 466 observed that rule of precedent was an important aspect of certainty in the rule of law, and prejudice had resulted t .....

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admit the fresh evidence, if need be, in the interest of justice. In the result, all the revisions filed by the assessees are allowed for statistical purposes." 3. Following aforesaid judgment another judgment was passed by this Court on 09.09.2014 in Trade Tax Revision No. 31 of 2009 (M/s H.B. Rice Mills Pvt. Ltd. Hardoi Vs. Commissioner of Commercial Tax, U.P. Commercial Tax Bhawan) with other connected matters wherein the short order passed by this Court reads as under: "Heard Sri P .....

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