M/S R.K. Marbles vs. The Commissioner Commercial Tax Lucknow
Held
The High Court found that the Tribunal failed to adjudicate a specific issue concerning the reversal of input tax credit. Consequently, the matter was remanded back to the Tribunal for a fresh decision.
Facts
The revisionist, engaged in trading tiles and marbles, had input tax credit reversed by the assessing authority. The Commercial Tax Tribunal upheld this reversal without adjudicating a specific issue raised by the revisionist regarding the reversal.
Key Issues
Whether the Tribunal was justified in not adjudicating the issue of input tax credit reversal and if the turnover was determined on surmises and conjectures.
Sections Cited
None explicitly mentioned in the provided text, but the context relates to input tax credit reversal and appellate proceedings.
AI-generated summary — verify with the full judgment below
Court No. - 1 Case :- SALES/TRADE TAX REVISION No. - 194 of 2014 Revisionist :- M/S R.K. Marbles Opposite Party :- The Commissioner Commercial Tax Lucknow Counsel for Revisionist :- Aloke Kumar Counsel for Opposite Party :- C.S.C.
Hon'ble Piyush Agrawal,J.
Heard Sri Aloke Kumar, learned counsel for the revisionist and Sri A.C.Tripathi, learned counsel for the Revenue.
Present revision has been filed against the order dated 18.3.2013 passed by the Commercial Tax Tribunal, Bench-III, Varanasi in Second Appeal No. 127 of 2012 for the assessment year 2009-10 in which following questions of law have been framed: "A) Whether the Commercial Tax Tribunal was legally justified in not adjudicating the issue specifically raised before it with regard to Reversal of Input Tax Credit by making observation contrary to the records of the case? B) Whether Tribunal was legally justified in affirming the turnover determined merely on the basis of surmises and conjectures?"
Learned counsel for the revisionist submits that the revisionist is engaged in the business of trading of tiles, marbles, sanitary fittings etc. and in due course of business it purchased and sole goods against the tax invoices bu
The judgment continues below.
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