TMI Blog2024 (4) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner for assessment year 2012-13 (UP) - HELD THAT:- The Supreme Court in M/s Modi Naturals Ltd. Vs. The Commissioner of Commercial Tax, UP [ 2023 (11) TMI 298 - SUPREME COURT] has opined that notwithstanding the non-vatable/exempt nature of DORB, its sale value would have to be considered/included for the purpose of carving out exclusion under Section 13(1)(f) of the UP VAT Act. On that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9/2022, 517/2022, 528/2020, 529/2020, 602/2020, 691/2023, 702/2021, 787/2022, 789/2020 and 83/2021. 2. Heard Sri Shubham Agarwal, learned counsel for the petitioner and Sri Ankur Agarwal, learned Standing Counsel for the State. 3. Present writ petition has been filed quashing the order dated 18.3.2020 passed by the respondent no.2 under Section 29(7) of the Act, extending the period of limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce for purchase of Rice Bran/raw material used. 5. In the original assessment proceedings in the A.Y. 2012-13 concluded vide Assessment Order dated 30.3.2016, benefit of ITC was granted to the petitioner, thus ITC paid on purchase of Rice Bran was adjusted against outward tax payable on RBO, in the manner prescribed. 6. Later, a learned Single Judge of this Court took view in favour of the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct have to be considered. 7. The above judgment of the learned Single Judge was carried to the Supreme Court in Civil Appeal No(s). 5822-5823 of 2023 (M/s Modi Naturals Ltd. Vs. The Commissioner of Commercial Tax, UP), 2023 SCC OnLine SC 1424 (Neutral Citation No. 2023 INSC 974) . Vide order dated 6.11.2023, the Supreme Court framed the following questions: (a) Whether the assessee is entitled to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the UP VAT Act. On that reasoning, the judgment of the learned Single Judge has been reversed. 9. In view of the above law declared by the Supreme Court, the material on the strength of which reassessment proceedings were drawn against the petitioner for A.Y. 2012-13 (UP) does not exist. In face of the law declared by the Supreme Court, it can never be said by the revenue, turn over had escaped as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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