M/S Modi Naturals LTD. vs. State Of U P And 2 Others
Held
The High Court found no justification to interfere with the recovery notice as the assessment year in question was already sub-judice before the Apex Court. The petitioner was advised to approach the Supreme Court for redressal.
Facts
The petitioner challenged a recovery notice for an assessment year where the input tax credit eligibility was disputed. The matter had previously gone through various appellate stages and was pending before the Supreme Court.
Key Issues
Whether the High Court should intervene in a recovery proceeding when the underlying assessment issue is pending before the Supreme Court.
Sections Cited
Section 13(1)(f)
AI-generated summary — verify with the full judgment below
Court No. - 32 Case :- WRIT TAX No. - 1027 of 2019 Petitioner :- M/S Modi Naturals Ltd. Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rahul Agarwal Counsel for Respondent :- C.S.C. Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J. This writ petition has been filed, inter alia, for the following relief: "Issue a writ , order or direction in the nature of certiorari quashing the impugned recovery notice dated 3.9.2019 for an amount of RFs. 1,91,86,782/- for the assessment year 2013-14 issued against the petitioner by the respondent no. 3(Annexure -1 to the writ petition)." Heard the learned counsel for the petitioner and the learned Standing counsel for the respondents and perused the record. From perusal of the record, it transpires that for the assessment year 2013-14 an assessment order dated 31.3.2017 was passed against the petitioner holding that the sale price of de- oiled rice bran could not be included in the price of the manufactured commodity and , therefore, as per the provisions contained under sections 13(1)(f) of the U.P. VAT Act, the petitioner was eligible to claim input tax credit only to the extent
The judgment continues below.
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