9911796707
TMI Blog2016 (9) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... No. – 334, 335, 336 of 2011 - - - Dated:- 2-9-2016 - Hon'ble Yashwant Varma, J. For the Applicant : Kunwar Saxena, Rishi Raj Kapoor For the Opposite Party : C.S.C. ORDER Heard Sri Rishi Raj Kapoor, learned counsel for the revisionist and Sri Nimai Das, learned standing counsel who has appeared for the State respondents. The present proceedings emanate from a levy of penalty upon the assessee by virtue of the provisions of Section 54 (1) (19) of the U.P. VAT Act 20081. Clause 19 of Section 54 (1) of the 2008 Act, it may be noted, provides for the imposition of penalty where a dealer or any other person as the case may be falsely or fraudulently claims an amount as input tax credit. The dispute itself emanate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finds that before the first appellate authority the evidence in the shape of tax invoices, transportation bill, accounts of purchase were filed by the assessee. The first appellate authority after taking into consideration the aforesaid evidence came to hold that the tax invoices which had been issued by M/s. Kamdhenu selling dealer were rightly taken into consideration for the purposes of availing input tax credit. The first appellate authority has further recorded that at the time of making the aforesaid purchases, the revisionist could not be said to have known or have been aware of the fact that M/s. Kamdhenu Traders was not registered for the purposes of effecting sale of iron and sale. It also took notice of the fact that the tax invo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and existed on the record at least before the first appellate authority. This material, in the opinion of this Court, was clearly relevant for the purposes of arriving at a conclusion as to whether the claim of input tax credit was a false or fraudulent one. The Court further takes note of the fact that the words false and fraudulent have a specific connotation insofar as legal proceedings are concerned. If the tax invoices are verified and found to be correct, then they would indicate that Kamdhenu Traders did effect a sale of iron and steal to the revisionist. Similarly if upon verification it is found that the transportation bills are genuine, they would tend to establish that an import of iron and sale was effected by the revisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
