State Of Orissa vs. M/S.Shanti Rice Mill
Held
The High Court held that the Tribunal's order was fallacious. It followed its own previous judgment in Banspani Iron Ltd. v. State of Odisha, answering the question of law in favor of the Revenue.
Facts
The case concerns the eligibility of input tax credit on purchases of components and spare parts made before a specific date. The Tribunal had allowed the claim, but the Revenue challenged this decision.
Key Issues
The key issue was whether input tax credit could be claimed on components and spare parts purchased before the appointed date for the OVAT (Amendment) Act, 2008.
Sections Cited
Section 1(2)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 24.11.2022
1. Heard.
Admit.
The following question of law is framed for consideration:
“Whether on the facts and in the circumstances of the case, the order of the learned Odisha Sales Tax Tribunal is fallacious as it came to hold that the dealer is entitled to claim input tax credit on purchases of “components” and “spare parts” prior to 01.06.2008, i.e., the date of effect appointed by the State Government in Finance Department vide Notification No. 27252-CTA-11/2007/F. [SRO No. 248/2008], dated 28th May, 2008 in exercise of Section 1(2) of the OVAT (Amendment) Act, 2008?
Admittedly, the above question stands answered in favour of the Revenue and against the Ass
The judgment continues below.
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