Commissioner Commercial Tax Lko. vs. S/S Vikranat Ispat Udyog
Held
The Court held that the Tribunal, as the last court of fact, was justified in allowing input tax credit after verifying that the transactions were with registered dealers and payments were duly accounted for through banks. No substantial question of law arose for consideration.
Facts
The Assessing Authority rejected the dealer's claim for input tax credit, treating purchases from registered dealers as if they were from unregistered dealers based on information from a Special Investigation Officer. The first appellate authority remanded the matter, and the Tribunal ultimately allowed the input tax credit after verifying that the purchases were from registered dealers and payments were made through banks.
Key Issues
Whether the Commercial Tax Tribunal was justified in granting input tax credit without verifying the nature of transactions as discussed by lower authorities. Whether a substantial question of law arises from the Tribunal's finding of fact.
Sections Cited
Section 28 of the U.P. Value Added Tax Act, Section 9(4) of the Entry Tax Act, Section 8 of the U.P. Value Added Tax Act, Section 9(2) of the Central Sales Tax Act
AI-generated summary — verify with the full judgment below
Court No. - 1 Case :- SALES/TRADE TAX REVISION No. - 24 of 2015 Revisionist :- Commissioner Commercial Tax Lko.
Opposite Party :- S/S Vikranat Ispat Udyog Counsel for Revisionist :- S.C.
Counsel for Opposite Party :- Praveen Kumar Case :- SALES/TRADE TAX REVISION No. - 25 of 2015 Revisionist :- Commissioner Commercial Tax Lko.
Opposite Party :- S/S Vikranat Ispat Udyog Counsel for Revisionist :- S.C.
Counsel for Opposite Party :- Praveen Kumar Case :- SALES/TRADE TAX REVISION No. - 26 of 2015 Revisionist :- Commissioner Commercial Tax Lko.
Opposite Party :- S/S Vikranat Ispat Udyog Counsel for Revisionist :- S.C.
Counsel for Opposite Party :- Praveen Kumar Case :- SALES/TRADE TAX REVISION No. - 27 of 2015 Revisionist :- Commissioner Commercial Tax Lko.
Opposite Party :- S/S Vikranat Ispat Udyog Counsel for Revisionist :- S.C.,Praveen Kumar and Case :- SALES/TRADE TAX REVISION No. - 28 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.
Heard Sri Ravi Shankar Pandey, learned standing counsel for the revisionist and Sr
The judgment continues below.
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