2023 (9) TMI 445

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..... the Tribunal is that no records/accounts were produced by the petitioner before them to substantiate the contention that no input tax credit was availed on the tax paid on raw materials/inputs purchased from outside the State and further that the said inputs were used exclusively for the manufacture of that quantity of PVC pipes which were eventually stock transferred outside the State. In the absence of a clear bifurcation in the accounts between the two streams of supply of PVC pipes, namely, (1) through stock transfer outside the State and (2) through sale within the State, the authorities below cannot be faulted for having disallowed input tax credit proportionate to the quantity of PVC pipes that were stock transferred to outside t .....

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..... sequent argument of the petitioner before the tax authorities was that inasmuch as input tax credit was availed only in respect of the raw materials purchased locally and the said raw materials were entirely consumed in the manufacture of that quantity of PVC pipes that were sold within the State, it was entitled to the entire input tax credit claimed by it. 2. The authorities below consistently found that the petitioner had not maintained any accounts that clearly demonstrated that the entire input tax credit claimed pertained to the tax paid on local purchases of raw materials/inputs that were then used in the manufacture of that quantity of PVC pipes which were sold locally within the State. In other words, the authorities below presu .....

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..... come to the aid of the petitioner in the light of the specific finding of the authorities that no such account books/records were produced before them. On a consideration of the rival submissions, we are of the view that the impugned orders of the Tribunal do not require any intervention in these proceedings. As rightly pointed out by the learned Government Pleader, the consistent finding of the First Appellate Authority and the Tribunal is that no records/accounts were produced by the petitioner before them to substantiate the contention that no input tax credit was availed on the tax paid on raw materials/inputs purchased from outside the State and further that the said inputs were used exclusively for the manufacture of that quantity .....

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