Supreme Court of India
M/s Modi Naturals Ltd. v. The Commissioner of Commercial Tax Up
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In the result, both the appeals succeed and are hereby allowed.
Judgment, page 31
From the headnote
Issue for consideration: (a) Whether the assessee is entitled to claim full amount of tax paid towards the purchase of raw Rice Bran as ITC on the basis of the provisions of s.13(1)(a) r/w. S. No. 2(ii) of the Table appended thereto and s.13(3)(b) r/w. Explanation (iii) of s.13 of the UP VAT Act?; (b) Whether the scope of the word “goods” as defi ned u/s. 2(m) of the UP VAT Act as outlined in s.13(1)(f) of the UP VAT Act should be limited to only “taxable goods”?; (c) Whether the decision of the Supreme Court in the case of M.K. Agro Tech has any application to the case on hand? Uttar Pradesh
Authorities it was built on
- 2012 State of M.P. v. Rakesh Kohli & Anr.
- 1999 Commissioner of Income Tax v. Kasturi and Sons Ltd.
- 2017 The State of Karnataka v. M/s. M. K. Agro Tech. Pvt. Ltd.
- 1971 Azam Jha Bahadur (dead) by His Legal Representatives v. Expenditure Tax Officer, Hyderabad
- 1998 Kapil Mohan v. The Commissioner of Income Tax, Delhi
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