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TMI Blog2022 (3) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... on the purchases made from various dealers as purchases were not verifiable for some reasons or the other and while passing the assessment order, the input tax credit was rejected therefore the penalty under Section 54 (1) (19) was initiated. On a pointed query to the counsels appearing on behalf of parties as to whether any revision against the aforesaid second appeals were preferred before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AGRAWAL, J. Heard learned counsel for the parties. These two revisions have been filed against the order dated 9.10.2015 passed by Commercial Tax Tribunal, Ghaziabad in Second Appeal No. 301 and 305 of 2015 for Assessment Year 2008-09 and 2009-10 arising out of penalty proceeding initiated under Section 54 (1) (19) of UP VAT Act. The following question of law has been, inter alia, pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, the revisionist was entitled for claiming the benefit of input tax credit but the authorities have wrongly rejected the claim of input tax credit and initiated the penalty proceeding under Section 54 (1) (19) of UP VAT Act. The Tribunal being the last court of fact, without recording any finding with regard to fraudulent claim of input tax credit, has confirmed the penalty proceeding and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onist on the purchases made from various dealers as purchases were not verifiable for some reasons or the other and while passing the assessment order, the input tax credit was rejected therefore the penalty under Section 54 (1) (19) was initiated. The Tribunal being the last court of fact has recorded the finding of fact that in view of the order passed in Appeal No. 739 and 740 of 2013, the pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Tribunal so that same fact can be verified by the Tribunal. On the said submission made by the counsels for the parties, the matter is remanded to the Tribunal. The order of the Tribunal is modified to the extent that orders of penalty have been affirmed on the basis of purchases made from the aforesaid parties may be verified and the Tribunal may record a specific finding as contemplate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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