Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2017 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (4) TMI 877 - HC - VAT and Sales TaxCancellation of registration certificate - assessee had wrongly claimed benefit of I.T.C., showing purchase of goods from M/s Shree Krishna Builders & Developers, Chandpur, Bijnor, whereas no such sale was made by the concerned developer - whether wrongful claim of I.T.C is sufficient ground for cancellation of registration certificate? - Held that: - In case claim of I.T.C. is found to be false or incorrect, then it can be reversed by invoking jurisdiction under Section 14 of the Act - By virtue of proviso to Section 14, the assessee would only be liable to pay interest at a rate of 15% per annum - The Act does not contemplate that if claim of I.T.C. is reversed the registration of a dealer could be cancelled in addition to reversal of ITC - revision allowed - decided in favor of assessee.
|