2014 (1) TMI 1866 - HC - VAT and Sales Tax

Input tax credit - fake documents - case of Revenue is that the alleged payments shown by the assessee are not relatable to the alleged bills disclosed by him - principles of natural justice - HELD THAT - The matter is remanded back to the Assessing Officer. He shall give an opportunity to the writ petitioner to adduce appropriate evidence to show that the payments appearing to have been made by the assessee were in relation to the purchases made from Bhagwati Traders - appeal allowed by way of remand.

Summary

Issues Involved:
Allowance of input-tax credit based on alleged payments and bills disclosed by the assessee.

Analysis:
The judgment delivered by the High Court of Calcutta involved a dispute regarding the input-tax credit claimed by the assessee based on alleged payments and bills disclosed. The State contended that the payments shown were not related to the bills disclosed, casting doubt on the transactions. The State's advocate argued against allowing the credit, highlighting the lack of correlation between payments and bills. On the other hand, the assessee's advocate vehemently opposed this stance, asserting the genuineness of the transactions and rejecting any liability for fraudulent activities of the sellers. The High Court acknowledged the complexity of the issues raised by both parties and set aside the Tribunal's order, remanding the matter back to the Assessing Officer for further examination.

Upon remand, the Assessing Officer was directed to provide the assessee with an opportunity to present evidence supporting the genuineness of the purchases made from Bhagwati Traders. The judgment emphasized the importance of establishing the authenticity of the transactions, instructing the Assessing Officer to consider all relevant evidence, including stock registers, to determine the legitimacy of the purchases. It was highlighted that undue weight should not be given to the fact that Bhagwati Traders had furnished a nil return, underscoring the need for a thorough investigation into the genuineness of the transactions.

Ultimately, the High Court disposed of the writ petition, with each party bearing their own costs. The judgment concluded by instructing the provision of an urgent certified copy of the order to the respective advocates upon completion of formalities. The decision underscored the significance of substantiating the genuineness of transactions to qualify for input-tax credit, emphasizing the need for thorough examination and evidence presentation in such matters.