2015 (7) TMI 1326

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..... de. Sri Pandey further argued that in view of Rule 21 (3) of the Rules framed under the U.P. Value Added Tax Act, 2008 the benefit of input tax credit can also be disallowed, if there is no actual sale/purchase of goods - In this regard the assessing authority has not returned any finding. However, a careful perusal of the order of the tribunal reveals that documents were produced before the assessing authority to establish the actual purchase of goods which on verification were found to be correct as per the finding of the tribunal - also the argument that benefit of input tax credit is not admissible as there is no actual sale/purchase of goods is of no substance. The assessee herein are entitle to the benefit of input tax credit in .....

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..... peared. Their vakalatnames be kept in respective files. The dispute in this revision is as to whether the assessees are entitle to input tax credit. The benefit of input tax credit was refused by the assessing authority but the appellate authority remanded the matter after setting aside the order of the appellate authority. On appeals to the tribunal by the assessees, the orders of the appellate authority have been set aside and the benefit of input tax credit has been extended to the assessees. Aggrieved, the revenue has preferred these revisions raising the following as question of law:- (i) Whether under the facts and circumstances of the case, the Commercial Tax Tribunal was legally justified in g .....

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..... se of goods which on verification were found to be correct as per the finding of the tribunal. In the above circumstances, the argument that benefit of input tax credit is not admissible as there is no actual sale/purchase of goods is of no substance. The levy of entry tax is consequential to the denial of input tax credit which has now been permitted. Therefore, there is no question of imposition of any entry tax. In view of the above, it is held that the assessees herein are entitle to the benefit of input tax credit in the relevant years and the consequentially the provisions of entry tax would not be attracted. The revisions as such lack merit and are dismissed. - - TaxTMI - TMITax - CST, .....

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