The Commissioner Commercial Tax Lko. vs. S/S Vikranat Ispat Udyog.
Held
The Court held that the Tribunal, as the last court of fact, correctly found that purchases were from registered dealers and payments were made through bank, verifying this from the official website. Therefore, the ITC claim was rightly allowed.
Facts
The Assessing Authority rejected the Input Tax Credit (ITC) claim, treating purchases as from unregistered dealers based on information from a Special Investigation Officer. The dealer contended purchases were from registered dealers and made through bank transactions.
Key Issues
Whether the Input Tax Credit can be denied when purchases are made from registered dealers and payments are duly accounted for through banking channels.
AI-generated summary — verify with the full judgment below
Court No. - 1 Case :- SALES/TRADE TAX REVISION No. - 30 of 2015 Revisionist :- The Commissioner Commercial Tax Lko.
Opposite Party :- S/S Vikranat Ispat Udyog.
Counsel for Revisionist :- S.C.
Counsel for Opposite Party :- Ashoke Kumar,Praveen Kumar Hon'ble Piyush Agrawal,J.
Learned counsel for the parties submits that the issue involved in the present revision has already been decided by this court in leading Sales/ Trade Tax Revision No.24 of 2015 by order dated 8.11.2021 which is as follows :- "The opposite party is a registered dealer and is engaged in the business of purchase and sale of iron steel. During the years in dispute the purchases were made from various registered dealers.
The Assessing Authority treated the said purchases from unregistered dealer and, therefore, has rejected the claim of Input Tax credit against such purchases against which the dealer opposite party preferred first appeal which was allowed and the matter was remanded to the Assessing Authority. Against the remand order the opposite party preferred second appeal which was allowed hence the present revision.
Learned standing counsel submits that since the information was received from the Special Inv
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.