M/S Krishna Trading Company Throu.Its Prop.Smt.Geeta Gupta vs. Commissioner Of Commercial Tax U.P.Commercial Tax Lko.
Held
The Court held that the inspection report, conducted after the purchase period, was meaningless if the firm was existent at the time of purchase. This crucial aspect was not considered by the Tribunal. Therefore, the impugned order was set aside.
Facts
The revisionist claimed input tax credit for purchases made from M/s Anandeshwar Sales. The Commercial Tax Tribunal dismissed the appeal, citing that M/s Anandeshwar Sales was found to be non-existent during an inspection and questioning the transport capacity of the vehicle used. The inspection occurred after the purchases were made.
Key Issues
Whether the input tax credit claim can be rejected based on an inspection conducted after the purchase period, and if the Tribunal adequately considered the timing of the inspection in relation to the purchases.
Sections Cited
None
AI-generated summary — verify with the full judgment below
Court No. - 8 Case :- SALES/TRADE TAX REVISION No. - 113 of 2013 Revisionist :- M/S Krishna Trading Company Throu.Its Prop.Smt.Geeta Gupta Opposite Party :- Commissioner Of Commercial Tax U.P.Commercial Tax Lko. Counsel for Revisionist :- Anand Dubey Counsel for Opposite Party :- C.S.C. Hon'ble Abdul Moin,J.
Heard Shri Anand Dubey, learned counsel for the revisionist as well as Shri Sanjay Sarin, learned Additional Chief Standing Counsel for the respondent no.
The instant revision has been filed on various questions of law as have been indicated in paragraph 10 of the revision. So far as the controversy involved in the present revision, learned counsel for the revisionist confines himself to questions no. 1 which is: "Whether, on the facts and circumstances of the case the judgement and order passed by the Learned Trade Tax Tribunal Bench-I was legally justified in rejecting the appeal in place of allowing the appeal in its totality whereas no irregularity whatsoever was found in the record and only on the basis of presumption the penalty as well as rejection of claim of I.T.C. was made?"
Under challenge is the order passed by the learned Commercial Tax Tribunal, Luckno
The judgment continues below.
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