State Of Orissa vs. M/S.Shanti Rice Mill

STREV/27/2015HC OrissaGSTCNR ODHC01000548201524 November 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
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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
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK STREV No.27 of 2015 State of Odisha …. Petitioner Mr. Susant Kumar Pradhan, Addl. Standing Counsel for CT & GST -versus- M/s. Shanti Rice Mill …. Opposite Party Mr. B.P. Mohanty, Advocate CORAM: THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER 24.11.2022

04.

1. Heard.

2.

Admit.

3.

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?

4.

Admittedly, the above question stands answered in favour of the Revenue and against the Ass

The judgment continues below.

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Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.