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M/s India Yamaha Motor Pvt. Ltd. Versus State of U.P. And 2 Others

2017 (11) TMI 330 - ALLAHABAD HIGH COURT

Exemption by way of refund of Earned Input Tax Credit - Certificate of Entitlement - Section 42(4A) of the Act - case of petitioner is that In the assessment order which is passed on 8.4.2013 there is no discussion about Certificate of Entitlement by the Assessing Authority, of which the petitioner is affected - Held that: - With the consent of the learned counsel for the parties the writ petition is finally disposed of by directing the petitioner to approach the appellate authority under Sectio .....

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the part of the petitioner - we direct the appellate authority to entertain the appeal, if the same is filed within a period of three weeks from today, without going into the question of limitation. - Writ Tax No. 600 of 2013 - Dated:- 1-11-2017 - Hon'ble Abhinava Upadhya And Hon'ble Ashok Kumar, JJ. For the Petitioner : Piyush Agrawal,Bharat Ji Agrawal For the Respondent : C.S.C ORDER ( Per - Ashok Kumar, J. ) In this writ petition the petitioner has prayed for a direction for refund o .....

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377; 10,92,26,607/- for the assessment year 2009-2010 ; (ii) that a suitable writ, order or direction be issued modifying/quashing the order dated 8.4.2013 in so far as it refuses the refund of ₹ 10,92,26,607/- for the assessment year 2009-2010; (iii) that any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper be also awarded to the petitioner; (iv) that costs be awarded to the petitioner throughout." Learned counsel for the petitioner has submit .....

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oner company/unit was mentioned in the Eligibility Certificate being ₹ 96,41,67,155/- whereas it should have been ₹ 130,07,57,450/-. Learned Counsel has submitted that there was no reason mentioned for reduction of the fixed capital investment. The said Eligibility Certificate has been treated as partial Eligibility Certificate and, therefore, the petitioner has agitated the matter upto the stage of Trade Tax Tribunal with regard to issue fixed capital investment as well as its produ .....

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er applied for grant of Certificate of Entitlement and the same was granted by Certificate of Entitlement No. 318 dated 10.12.2012. Learned counsel for the petitioner has submitted that the Commissioner of Commercial Tax by his order dated 10th February, 2016 has amended the Certificate of Entitlement by which the petitioner became entitled for enhanced refund of ₹ 37,56,96,709/- in place of ₹ 20,68,26,078/- as mentioned in column no. 6 of the Certificate of Entitlement. Learned coun .....

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he counsel for the petitioner, therefore, is that from the perusal of the Certificate of Entitlement it is clear that the petitioner is entitled for grant of exemption by way of refund to the extent of ₹ 20,68,26,000.78 for the period with effect from 1.1.2008 to 12.2.2013. Learned counsel for the petitioner has placed the relevant provisions of U.P. VAT Act being Section 42(4), Section 42(4A)m, Section 42(5) and Section 42(7), which are reproduced herein below : "42. Treatment of ind .....

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by way of refund of net tax paid along with the return of tax period in prescribed manner and on fulfilling the conditions that,- (a) the unit shall hold valid registration certificate issued under this Act or under the Central Sales Tax Act, 1956, (b) the unit shall have a valid Certificate of Entitlement issued by the Commissioner, (c) the amount of refund shall not be more than an amount equal to net tax paid for relevant tax period, (d) the net tax payable has been deposited along with retur .....

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the total amount mentioned or described in the Certificate of Entitlement, (h) the industrial unit has not misused the facility of exemption from or reduction in the rate of tax in any manner. Explanation: The expression 'net amount of tax payable' means - (i) the differential amount of tax payable under this Act on the sale of taxable goods other than non-vat goods, manufactured in the unit and input tax credit available to the extent or proportionate to taxable goods other than non-vat .....

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chase before the date of commencement of this Act shall be entitled for exemption by way of refund of Earned Input Tax Credit computed on the basis of data declared in the documents submitted along with the return of tax period in prescribed manner and on fulfilling the following conditions that,- (a) the industrial unit shall hold valid Certificate of Entitlement issued by the Commissioner as provided under sub-section (3); (b) the amount of refund shall not be more than an amount equal to inpu .....

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han petrol and diesel, lubricant, required for use in manufacture of goods or in the packing of manufactured goods mentioned or described in the Certificate of Entitlement, (f) the amount of exemption from tax by way of refund on the turnover of purchase of goods, shall be deducted from the total amount mentioned or described in the Certificate of Entitlement. (g) the industrial unit has not misused the facility of exemption from tax in any manner. Explanation: "Earned Input Tax Credit" .....

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he industrial unit failing to deposit the net tax admittedly payable within prescribed time and in prescribed manner or deposits it after due date, the amount of interest leviable and penalty imposed, if any, shall be adjusted and only the balance amount shall be refunded. (7) If any amount is found refundable and is not refunded within the prescribed time, the industrial unit shall be entitled to simple interest at the rate of twelve percent per annum from the last date prescribed for refund. T .....

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order dated 10.2.2016, by which order the Commissioner has amended his earlier order dated 10.12.2012, by which the Certificate of Entitlement has been issued in favour of the petitioner company showing the refund of ₹ 20,68,26,078-00 (twenty crores, sixty eight lacs, twenty six thousand and seventy eight rupees) and the amended Certificate of Entitlement issued by the Commissioner dated 10.2.2016 indicates the figure in rupees being ₹ 37,56,96,709/- by increasing the amount from  .....

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