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2016 (12) TMI 886 - HC - VAT and Sales TaxRestoration of registration - Held that: - It is required to be noted that as such the learned Tribunal has not discussed anything with respect to finding recorded by the First Revisional Authority on the genuineness of the transactions of sale and purchase by the respondent and the finding recorded by the First Revisional Authority that the respondent had indulged into billing activities only. No reasons whatsoever have been assigned by the learned Tribunal on the findings recorded by the First Revisional Authority. While passing the impugned order, the learned Tribunal has stated that considering the entire circumstances, the documents and the payment the applicant has made as per our direction, the Tribunal is of the view that the registration of the original applicant is to be restored. The aforesaid can hardly be said to have been given cogent reasons. Even subsequent payment of ITC wrongly claimed and that too before the Tribunal can hardly be a ground to restore the registration. Having found that the assessee / trader has indulged into billing activities only and has wrongly claimed the ITC and thereafter the registration is cancelled, and thereafter before the Tribunal the assessee / trader agrees to deposit the amount of ITC wrongly claimed, the same can hardly be a ground to restore the registration. Necessary consequences of wrong availment of ITC i.e. cancellation of registration shall follow - it is required to be noted that in the present case the respondent had specifically admitted that it was not entitled to ITC of ₹ 4,45,645/and that he wrongly claimed / availed the ITC of ₹ 4,45,645/ - It is required to be noted that the learned Tribunal has not given any specific finding that the Tribunal does not agree with the finding recorded by the First Revisional Authority on the genuineness of the transactions of sale and purchase by the respondent and that the respondent had indulged into billing activities only. Without giving such finding, the learned Tribunal is not justified in directing to restore the registration - Petition allowed - decided against respondent-assessee.
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