9911796707
TMI Blog2024 (8) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... s no proper consideration of the reply of the petitioner - seeking reversal of input tax credit - HELD THAT:- It is found that present is not a case where the Authorities have proceeded on assumption and admission of factual premise that though there exist seller/supplier, input tax credit has been wrongly availed by the buyer or the seller so as to first take action against the supplier/seller be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the petitioner, the petitioner has filed this writ petition seeking to invoke extraordinary jurisdiction of this Court on the submission that there is no proper consideration of the reply of the petitioner. Learned counsel for the petitioner would submit that in a case where the Department seeks reversal of input tax credit on the ground that the supplier has not paid tax, the press release re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Supra) and petition has been entertained. 3. Per-contra, learned counsel for the respondents would submit that both the aforesaid cases are distinguishable on facts. It is submitted that present is a case where the reversal of input tax credit has taken place under the impugned order on factual premise that the transactions shown are with a bogus/fake firm only to seek input tax credit. Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the cases, which have been cited at the bar to seek intelligence of this Court. 6. Accordingly, this petition is dismissed with liberty to the petitioner to avail alternative remedy. 7. Considering the submission that the petition was filed before expiry of the period of limitation, it is directed that if the appeal is filed within a period of three months from today, the Appellate Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X
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