M/S S.M. Steels PVT. LTD. vs. The Commissioner Commercial Tax
Held
The Tribunal erred by not recording specific findings regarding purchases from N K Trading Company and R K Trading Company. The matter is remanded back to the Tribunal for a fresh determination.
Facts
The assessee, engaged in iron and steel business, had its Input Tax Credit (ITC) reversed. Appeals led to partial allowance of ITC by the first appellate authority and further allowance by the Tribunal, which also determined turnover from unregistered dealers.
Key Issues
Whether the assessee can be penalized for the default of the selling dealer, and whether the Tribunal correctly determined purchases from unregistered dealers without specific findings.
AI-generated summary — verify with the full judgment below
Court No. - 28 Case :- SALES/TRADE TAX REVISION No. - 84 of 2019 Applicant :- M/S S.M. Steels Pvt. Ltd. Opposite Party :- The Commissioner Commercial Tax Counsel for Applicant :- Vishwjit Counsel for Opposite Party :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Vishwjit, learned Counsel for the revisionist and Sri B.K. Pandey, learned Counsel for the respondent.
Through present revision, revisionist has assailed the order of Commercial Tax Tribunal, Muzaffar Nagar dated 29.11.2018. In nutshell, case of the assessee is that he is in a business of purchase and sale of iron and steel, which is duly registered under the U.P. Vat Act. The assessment was made and the ITC so claimed was reversed by order dated 30.3.2012. An appeal was filed by the assessee, the first Appellate Authority by order dated 30.4.2015 partly allowed the appeal and allowed claim of ITC of Rs.71,72,591/- but confirmed the reverse ITC of Rs.74,89,112/-.
Aggrieved against the said order, second appeal was preferred before the Commercial Tax Tribunal, Muzaffar Nagar. The Tribunal by order dated 29.11.2018 has further allowed claim of ITC of Rs.34,75,414/- but determined the turnover from unregistered d
The judgment continues below.
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