2024 (4) TMI 426

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....espondent : C.S.C. ORDER 1. Present petition has been heard along with Writ Tax Nos. 135/2021, 1385/2022, 184/2023, 210/2023, 329/2022, 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 bee....

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....e both of RBO and DORB. It is also not disputed to the Revenue that the total sale price thus recovered by the petitioner exceeded the cost price 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 adjust....

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....nt to loss to the revenue if the argument of the counsel for the assessee is accepted that cumulative sale price of the taxable product and exempted bye product 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 ....

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....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 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 reassessm....