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2022 Supreme(UK) 151

S.K.MISHRA, R.C.KHULBE
Tiger Steel Engineering India Pvt. Ltd. – Appellant
Versus
Commissioner, Commercial Tax – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.K. Posti, assisted by Mr. Ashutosh Posti, adv
For the Respondent: Mr. Mohit Maulekhi, adv

JUDGMENT:

S.K. MISHRA, J.

The following substantial questions of law arise in this case:-

    “i. Whether on the facts of the case, the learned Commercial Tax Tribunal was justified in law in not giving the benefit of input tax credit regarding those goods which were consumed by the petitioner during the manufacturing of finished goods (pre-fabricated structures)?

ii. Whether on the facts of the case, the learned Assessing Authority and the learned Commercial Tax Tribunal was justified in law in not giving the input tax credit to the revisionist regarding those goods which were approved by the Assessing Authority as goods essential for manufacturing the finished goods on the garb of goods treated as consumable?

iii. Whether on the facts of the case, the leaned Assessing Authority and the learned Commercial Tax Tribunal was justified in law in giving the benefit of notification dated 31.03.2008 prospectively?”

2. By means of this revision, the revisionist challenges the order passed by the Assessing Authority, by which the Assessing Authority refused to give the input tax credit to the revisionist to those goods, especially welding electrodes, which have been used in the manufacturing of the

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