9911796707
TMI Blog2015 (4) TMI 817X X X X Extracts X X X X X X X X Extracts X X X X ..... ror is apparent on the face of the record. It is a clear case of nonapplication of mind by both the appellate authorities to the materials which were produced before them and therefore the said orders cannot be sustained and it is a fit case where the impugned orders are to be set aside - Matter remanded back - Decided in favour of assessee. - STRP Nos. 762 of 2013 & 763-773 of 2013 - - - Dated:- 5-11-2014 - N. Kumar And B. Manohar, JJ. For the Appellant : Sri G Shivadass, Adv. For the Respondent : Smt Sujatha S, AGA ORDER The assessee has preferred these revision petitions against the orders passed by the authorities declining to grant input tax credit in respect of the furniture sold by the assessee to third parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Aggrieved by the same, the assessee preferred an appeal. In the First Appeal, it was contended to decide the eligibility of the input credit in respect of furniture purchased for sale as well as for own consumption, what is relevant is the purchase statements and the amount of credit availed and the amount of credit not taken. All those particulars are duly furnished and therefore the assessing authority erred in holding that in the absence of opening stock and closing stock, it is difficult to arrive at the turnovers involved in inter branch transfers ie., own consumption. Having taken that contentions by way of abundant caution, the assessee filed a statement indicating the opening stock and closing stock of the furniture items as per Ann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate authorities to the materials which were produced before them and therefore the said orders cannot be sustained and it is a fit case where the impugned orders are to be set aside and the matter has to be remanded back to the First Appellate Authority for fresh consideration by taking into consideration all those statements and documents which are produced by the assessee. In view of the fact that we are setting aside the impugned orders and remanding the matter to the First Appellate Authority, we are holding the 2nd question of law in favour of the assessee and against the revenue and decline to answer the 1st question of law. Hence we pass the following order: Revision petitions are allowed. The impugned orders passed by bot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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