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2019 (4) TMI 4 - HC - VAT and Sales TaxDisallowance/reversal of input tax credit - premises found to be closed - Registration of the said firm was cancelled - Held that:- It is an admitted case that registration of the selling dealer M/s Shrey Import and Export, Ghaziabad was cancelled subsequent to SIB survey made on 29.5.2014 and all the transactions have been made prior to cancellation of registration, as such, no sale or purchase was affected by unregistered dealer - also, both First Appellate Authority as well as Tribunal did not consider the fact that the transactions were made through banking channel and no finding was recorded either by First Appellate Authority or by Tribunal to that extent. Thus, the order passed by the Tribunal, dated 6.2.2019 only reiterates the order passed by the First Appellate Authority and does not record its finding regarding the purchases made by assessee firm through banking channels from the selling dealers - the matter is remitted back to the Tribunal to record fresh finding in regard to the payment so made by assessee through banking channel - appeal allowed by way of remand.
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