Supreme Court of India
M/s Modi Naturals Ltd. v. The Commissioner of Commercial Tax Up
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What the Court ordered
We are of the view that the decision of M.K. Agro Tech (supra), is not applicable to the case on hand as the provisions under the Karnataka VAT Act are quite diff erent compared to that of the UP VAT Act in regard to the scheme of ITC.
Judgment, page 26
From the headnote
Issue for consideration: (a) Whether the assessee is entitled to claim full amount of tax paid towards the purchase of raw Rice Bran as ITC on the basis of the provisions of s.13(1)(a) r/w. S. No. 2(ii) of the Table appended thereto and s.13(3)(b) r/w. Explanation (iii) of s.13 of the UP VAT Act?; (b) Whether the scope of the word “goods” as defi ned u/s. 2(m) of the UP VAT Act as outlined in s.13(1)(f) of the UP VAT Act should be limited to only “taxable goods”?; (c) Whether the decision of the Supreme Court in the case of M.K.…
Authorities it was built on
- 2012 State of M.P. v. Rakesh Kohli & Anr.
- 1999 Commissioner of Income Tax v. Kasturi and Sons Ltd.
- 2017 The State of Karnataka v. M/s. M. K. Agro Tech. Pvt. Ltd.
- 1971 Azam Jha Bahadur (dead) by His Legal Representatives v. Expenditure Tax Officer, Hyderabad
- 1998 Kapil Mohan v. The Commissioner of Income Tax, Delhi
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