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Mahalaxmi Cotton Ginning Pressing & Oil Industries v. State of Maharashtra & Ors.

Date of Order: February 25, 2013
Case Law No: GIB-SC-2013-01
Subject: Challenge to denial of input tax set-off under VAT law based on requirement of actual tax payment by selling dealer (Section involved: Section 48(5) of the Maharashtra Value Added Tax Act, 2002)
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Description:

Facts :
The petitioner challenged the judgment of the Bombay High Court dated 11.05.2012 concerning denial of input tax set-off under the MVAT Act. The issue related to entitlement of purchasing dealers to claim set-off where the selling dealer had not deposited tax with the Government. The petitioner filed a Special Leave Petition before the Supreme Court against the High Court decision. 
Court Decision:
The Supreme Court condoned the delay and dismissed the Special Leave Petition. The Court declined to interfere with the judgment of the Bombay High Court. 
Cases Referred by Court:
No cases were referred to in the order.
 

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