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2021 (4) TMI 66 - HC - VAT and Sales TaxEntitlement to Input Tax Credit - suppression of turnover or not - Bogus dealer - genuine purchase or not - burden to prove for entitlement to claim input tax credit - HELD THAT:- The transaction is not a bogus transaction or make believe transaction. Further, goods have been transported from Kustagi to Bengaluru as is evident from the documents produced by the assessee. Hence for the dis allowing of input tax by the AA and the FAA is without factual basis. There cannot be any dispute as to the burden cast on the assessee to establish the transaction to lay a claim for deduction of input tax by production of documents referred to supra. This Court is of the considered opinion that the assessee has discharged this burden in proving that transaction is a genuine transaction. In the case on hand, if M/s. Priya Traders has remitted the tax to the Department, assessee cannot be penalized. Therefore, there are no justification in interfering with the order of the Karnataka Appellate Tribunal. There are no infirmity of whatsoever by the Tribunal in arriving at a finding that the AA and the FAA were wrong in disallowing the input tax credit in favour of the assessee for the purchases made from M/s. Priya Traders - Sales Tax Revision Petition is dismissed.
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