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TMI Blog2022 (5) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... on that, both buyer and seller are located in the same campus ie., sister concern and hence there was no separate movement or transportation and no separate charges had been incurred by the seller dealer or by the petitioner in transporting the goods - Only based on this stand taken by the petitioner dealer, the Revenue after having considered the said documents filed by them, has come to the conclusion, of course rightly, that this kind of goods movement between two sister concerns which are located in the same campus is nothing but a bill trading. The Revenue has come to a further conclusion that, this type of purchases / sales between group companies / related persons situated within the same premises without actual movement of goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, pursuant to which notice was issued and assessment order was passed. However, the said assessment order was under challenge before this Court in W.P.No.24597 of 2021, where a learned Judge of this Court, by order dated 14.12.2021, having set aside the said assessment order, remitted the matter back to the assessing authority for reconsideration by giving an opportunity of being heard to the petitioner. 3. Pursuant to the earlier order, notice was given by the Revenue to the petitioner dealer to give reply and produce certain documents like, Xerox copy of the e-filed monthly returns for VAT CST along with annexure I and annexure II. Xerox copy of the bank statements. Xerox copy of the ledger account maintained for each ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following conclusion. 7.The replies filed by the dealers were carefully considered with reference to the nature of defects noticed at the time of Surprise inspection with the following results. a) The dealers have not produced original copies of purchase invoices at the time of inspection and till the date of passing this proceedings. b) 90% of their purchases have been effected from their sister concern Tvl.SLO Industries Ltd., amounting to Rs.76,28,07,935/- out of their total purchase value of Rs.89,19,32,756/- who is situated in the same business premises occupied by the dealer, where there have been no movement of goods as accepted by the dealer himself. c) This type of sales / purchases between group companies / ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore the total due payable by the petitioner dealer has been mentioned in the assessment order dated 25.01.2022, which is under challenge in this writ petition. 8. Heard Mr.R.Kumar, learned counsel for the petitioner who would submit that, pursuant to the earlier remand order passed by this Court, when notice was issued by the Revenue, only general documents which are available with the petitioner were asked for and those documents were produced. When that being so, without giving any clue in the show cause notice with regard to the sales effected between the petitioner concern and sister concern now a new reason has been found out by the Revenue to reverse the input tax credit, for which no opportunity was given to produce any docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sister concerns which are located in the same campus is nothing but a bill trading. 14. In this context, they pointed out that 90% of their purchases have been effected from their sister concern Tvl.SLO Industries Ltd., amounting to Rs.76,28,07,935/- out of their total purchase value of Rs.89,19,32,756/- which is situated in the same business premises occupied by the dealer, where there have been no movement of goods as accepted by the dealer himself. 15. Therefore, the Revenue has come to a further conclusion that, this type of purchases / sales between group companies / related persons situated within the same premises without actual movement of goods is the typical model for bill trading activities, where there would be no bank st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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