2022 (7) TMI 570

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....ner of Sales Tax, Sambalpur for making a fresh assessment in terms of the observations of the Tribunal. 2. The background facts are that the Assessee is an SSI unit engaged in the manufacture of rice bran oil from rice bran. Originally, for the period in question, the Assessee was assessed under Section 42 of the OVAT Act, 2004. On receipt of an audit visit report (AVR), the assessment was reopened under Section 43 of the OVAT Act alleging escapement of tax. As per the AVR, the dealer had claimed input tax credit (ITC) illegally by showing the yield of bran oil to be very low and there also alleged discrepancy in the stocks. The percentage of rice bran oil as claimed by the Assessee was 16.10% for the period 1st April 2005 to 31st March, 2....

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....is order.' 4. While admitting this revision petition on 5th February, 2013, the following question of law was framed for consideration: "1. Whether on the facts and in the circumstances of the case, the Full Bench of the Odisha Sales Tax Tribunal, being the final fact-finding authority under Section 78 of the OVAT Act, was justified in not deciding the percentage of yield of rice bran oil from the evidence available on record and there being no scope for further enquiry, ought to have remanded the case to the assessing authority especially when there is no suppression of sale on the part of the dealer-assessee?" 5. This Court has heard the submissions of Mr. Sidhartha Ray, learned Senior Counsel for the Petitioner and Mr. S.S. Padhy, le....