Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2023 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (1) TMI 340 - HC - VAT and Sales TaxValidity of assessment order - not considering the impugned Transaction as Branch Transfer Transaction - exemption from payment of Tax under Section 6A of the CST Act - absence of any means rea of the Appellant or an intent to evade payment of tax - levy of penalty @150%. HELD THAT:- The attention of this Court is drawn to the analysis of the facts by the Tribunal on 08.07.2022. It is also not in dispute that the methodology adapted for the Maharashtra Branch, where 15 transactions are made, the Tribunal at Maharashtra has accepted lorry receipts and that aspect has been overlooked by the Assessing Officer while analyzing the facts. Likewise, two transactions which had taken place at Rajasthan also has been overlooked by A.O. Noticing the fact that essential dealing on the facts and this glaring facts have been overlooked, let the matter be remitted back to the Tribunal. Till the Tribunal decide this aspect by applying its mind after availing the opportunity to the parties, there shall be no recovery. As pre-deposit is already made of Rs.1,25,000/-, the Tribunal shall also be entitled to consider the request for the stay of the matter, once the parties are appeared. The Second Appeal before the Tribunal will be restored being Second Appeal No.736 of 2012 with regard to the bank accounts which have been attached pursuant to the recovery initiated shall be lifted by the Authority. Application disposed off.
|