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2016 (9) TMI 1621 - HC - VAT and Sales TaxMisuse of declaration form ST-17A - bogus / non genuine firms - requirement under declaration ST-17 are mandatory in nature or not - relaxation in concessional rate beyond the provision of law or not - HELD THAT:- It may be that M/s Arvind Traders and M/s Nakoda Traders, Kota, have been found to be non genuine or bogus by the Revenue Authorities, but at a later point of time, which is admitted in the instant case. The fact remains that the transaction of purchase/sale is prior to 31.3.2002, at that point of time both the firms were having valid registration certificate. Therefore, the AO was not justified in holding or observing about misuse of declaration form. Admittedly, both the Appellate Authorities have come to a finding of fact that the registration was in force upto the period ended on 31.3.2002. Not only that, all the transactions have been found to be recorded in the books of account and both the Appellate Authorities have come to a concurrent finding that not only the transactions were recorded but all the payments were by account payee cheques, though it may not be relevant and may not be sacrosanct, but this finding is sufficient to hold in favour of the assessee that atleast in the instant case the registration was valid and in force and cancelled much later than the transactions having taken place in the instant case. The claim of assessee was just and proper and even in the instant case there is no finding that the cancellation of registration is from a retrospective date, prior to the transactions having been effected - the question of law is answered in favour of the assessee and against the Revenue, and the petitions being devoid of merits, are dismissed.
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