NEHA ENTERPRISES Vs. COMMISSIONER COMMERCIAL TAX LKO

JUDGEMENT

(1.) HEARD Sri Bharat Ji Agarwal, Senior Advocate assisted by Sri Nitin Kesarwani, learned counsel appearing on behalf of the revisionist and Sri B.K. Pandey, learned Standing Counsel appearing for the respondents.

(2.) THIS revision relates to assessment year 2010 -11 (U.P.). The revision was admitted by order dated 19.9.2013 on the following question of law: -

(3.) BRIEFLY stated the facts of the present case are that the applicant deals in Mild Steel Pipe. It effected sales of Rs. 1,89,35,100/ - to manufacturer exporters against Form -E. The sales to manufacturer -exporters of the goods in question is exempted under Section 7(c) of the U.P. VAT Act 2008 (hereinafter referred as to Act) vide notification no. K.A.N.I. -2 -247/XI -9(341)/09 -U.P. Act -5 -08 -order (58) -2010. The applicant took input tax credit of Rs. 6,42,260 on the aforesaid transactions. The Assessing Authority has reversed it in view of the provisions of Section 13(7) of the Act. Aggrieved with the order of the Assessing Authority dated 22nd February, 2013, the applicant preferred first appeal before the Additional Commissioner Grade -II (Appeal) Second, Commissioner Tax, Meerut being Appeal No. 241/13 which was dismissed by the Appellate Authority vide order dated 22nd July, 2013.