2024 (2) TMI 71

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....dra Tripathi For the Opposite Party : Shubham Agrawal JUDGEMENT 1. Heard Sri B.K.Pandey, Additional Chief Standing Counsel on behalf of the revisionist, Sri Shubham Agarwal, counsel appearing on behalf of the respondent and perused the relevant orders. 2. This revision petition has been admitted on the following question of law :- "1. Whether on the facts and circumstances of ....

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....,67,143.00 has been reversed under Section 13(1) (f) of the Uttar Pradesh Value Added Tax Act, 2008 (hereinafter referred to as 'the Act') vide order dated March 30, 2018. The First Appeal was filed by the trader against the said order, while disposing of which, the first appellate authority accepted the appeal of the trader and cancelled the disputed amount of Rs. 70,76,786.00. In appeal ....

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....t to conditions given therein and such other conditions and restrictions as may be prescribed, be allowed credit of an amount, as input tax credit, to the extent provided by or under the relevant clause: . . . . . 13(1)(f). Notwithstanding anything to the contrary contained in this sub-section where goods purchased are resold or goods manufactu....

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.... processed goods sold." 7. Mr. Pandey, submitted that the benefit of ITC should be limited to the total purchase of the VAT goods which is 2.53% of the total goods purchased by the assessee. He submitted that as the ammonia manufactured in the establishment has been sold for Rs. 7,08,91,43,307/-, the amount of transfer of VAT goods comes to Rs. 17,88,00,216/- at the rate of 2.53%. In his view, ....