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TMI Blog2021 (7) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... ng regard to the various provisions under the Act which permits the revenue to pursue the selling dealers through various mode to recover the VAT collected including and not limited to initiating criminal proceedings against the selling dealers. There are no justification in the revisional authority exercising jurisdiction to upset the findings of the First Appellate Authority. The appellant is entitled to ITC for the purchases made by it from M/s Ashapura Metal Corporation and JAS Modular Systems during the Financial Year 2014-15 - Appeal allowed. - S.T.A. NO.2 OF 2021 C/W S.T.A. NO.3 OF 2021 - - - Dated:- 15-6-2021 - HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA AND HON'BLE MR. JUSTICE NATARAJ RANGASWAMY APPELLANT (COM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wards the tax on purchases amounting to 9.5% of the differential tax not remitted by the selling dealers and levied interest of ₹ 10,48,501/- and ₹ 12,44,059/- and penalty of ₹ 1,20,517/- and 1,68,898/-, respectively. 4. Being aggrieved by the order of the prescribed authority, the appellant filed an appeal under Section 62(6) of the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as the Act for short) before the Joint Commissioner of Commercial Tax (henceforth referred to as the First Appellate Authority for short). The First Appellate Authority after considering the material placed on record and accepting the arguments of the appellant held that the appellant had conducted its business diligently and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught to our notice, the order of the Revisional Authority, wherein, it was held this only leads to conclusion that the selling dealer is issuing tax invoices in favour of the assessee only with an intention to facilitate the assessee to claim ITC without declaring corresponding sales and making payment of tax to the department . Learned counsel also invited our attention to the finding recorded by the revisional authority by relying upon the E-sugam details and holding that the commodity which were of high value, was impossible to be transported through a motor goods carrier or three wheeler passenger vehicle etc. He also held that some of the vehicles found in E-sugam did not carry fitness certificate and some of them were not renewed. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng dealers namely M/s Ashapura Metal Corporation and JAS Modular Systems are the dealers registered under the provisions of the Act and there is also no dispute that proper invoices were raised by M/s Ashapura Metal Corporation and JAS Modular Systems in respect of the goods that were sold. It is also not in dispute that the goods that were sold carried VAT at the rate of 14.5%. It is also not in dispute that the amount of invoice value along with tax was paid by the appellant to the selling dealers by an online transfer. It is not the case of the revenue that these dealers are not registered and or that they are not traceable. 12. It is in fact their case that selling dealers admitted the sale of goods which carried VAT of 5% and had de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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