2025 (11) TMI 1798

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.... ORDER HON'BLE PIYUSH AGARWAL, J. 1. Heard learned counsel for the Revisionist, learned Standing Counsel for the State respondents and perused the record. 2. The present Revision have been filed against order dated 13.07.2023 passed by Commercial Tax Tribunal, Meerut in Second Appeal No. 21 of 2022 for assessment year 2017-18. The said Revision was admitted by this Court on 07.02.2024....

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.... the same. Thereafter, an application under Section 31 of UP VAT Act, was filed, which was partly allowed vide order dated 05.03.2022. The appellant filed first appeal claiming refund of Rs. 4,89,260/- on the ground that no ITC can be carried forward in the next financial year for payment of equal installment, as per Rule 24(1) of the UP VAT Rule. The said ground was taken as GST was implemented f....

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....se of FILCO Trade Centre Pvt. Ltd. Vs. Union of India 2018 (170 G.S.T.L. 3 (Guj.). 6. Per contra, learned Standing Counsel supports the impugned order and submits the claim of ITC cannot have rightly been rejected, as an investment made in the first year. As per the provision on the relevant date, the earned ITC can be availed in three equal installments in the subsequent years on purchase of c....