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TMI Blog2019 (4) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Authority or by Tribunal to that extent. Thus, the order passed by the Tribunal, dated 6.2.2019 only reiterates the order passed by the First Appellate Authority and does not record its finding regarding the purchases made by assessee firm through banking channels from the selling dealers - the matter is remitted back to the Tribunal to record fresh finding in regard to the payment so made by assessee through banking channel - appeal allowed by way of remand. - Sales/Trade Tax Revision No. - 87 of 2019 - - - Dated:- 8-3-2019 - Rohit Ranjan Agarwal,J. For the Applicant : Rahul Agarwal For the Opposite Party : C.S.C. ORDER Heard Sri Rahul Agarwal, learned counsel for revisionist and Sri B.P. Pandey, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Rahul Agarwal, learned counsel for revisionist-assessee submits that the Tribunal had only reiterated the findings given by the first First Appellate Authority and has not applied its independent mind. He further submitted that at the time of purchase made by revisionist from M/s Shrey Import and Exports, Ghaziabad, it was a duly registered dealer and all the payments were made through banking channels. He further submitted that it was a routine practice that purchaser should remit payment to third party to whom the seller owes money and all the payments had been made through banking channels. He further contends that subsequent cancellation of registration of M/s Shrey Import and Exports, Ghaziabad would not lead to reversal of input ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded by First Appellate Authority in regard to payment made through cash receipt. He submits that no payment was made though banking channel. He further contends that both seller and buyer should be within the State so as to claim benefit of input tax credit. He further contended that M/s Shree Import and Export , Ghaziabad was a sham firm and it was not doing any business. After hearing counsel for the parties and going through the record, I find that it is an admitted case that registration of the selling dealer M/s Shrey Import and Export, Ghaziabad was cancelled subsequent to SIB survey made on 29.5.2014 and all the transactions have been made prior to cancellation of registration, as such, no sale or purchase was affected by unr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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