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2014 (9) TMI 421 - HC - VAT and Sales TaxDenial of input tax credit - cancellation of the few traders with retrospective effect - failure to prove the actual purchase of the goods from the vendors and as such there was actual moment of the goods at all on which the input tax credit was claimed - Held that:- At the outset, it is required to be noted that the appellant claimed the input tax credit of ₹ 1,69,872/- on the purchase of the goods worth ₹ 42,46,800/- from M/s. Leela Trading company and other three vendors. In support of the above claim that they actually purchase the goods worth ₹ 42,46,800/- from M/s. Leela Trading Company and other three vendors, the appellant relied upon the invoices / bills and their books of profit and loss. However, it is required to be noted that not a single document and / or material was placed on record to show the actual movement of the goods from the vendors to appellant. The appellant miserably failed to prove the actual transaction by leading the cogent evidence and miserably failed to prove that purchase on which input tax credit was claimed, were genuine and / or on which the tax was paid. There are concurrent findings of fact given by all the authorities below that the alleged transaction / purchase worth ₹ 42,46,800/- from M/s. Leela Trading Company and three others, on which, the appellant claimed input tax credit of ₹ 1,69,872/- were not genuine and it was only billing activities for the purpose of claiming input tax credit etc. The aforesaid findings of facts recorded by all the authorities below are on appreciation of evidence and considering the material on record which are neither perverse nor contrary to the evidence on record. Decided against assessee.
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