2016 (11) TMI 1318

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....vide impugned order on the issue of input tax credit has observed that this court in the case of CTO Vs. M/s. Durgeshwari Food 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 judgm....

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.... 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 concerned, t....

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....cture, counsel for the petitioner canvassed that the Hon'ble Apex Court in the case of M/s. Durgeshwari Food Limited, Shri Gangangar (supra), has admitted special leave petition and contends that the present petition be kept pending till disposal of appeal by the Hon'ble Apex Court or in the alternative he contends that whatever order will be passed by the Hon'ble Apex Court in SLP by ....