Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2021 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 383 - KARNATAKA HIGH COURTInput Tax Credit - certain purchases made from M/s Ashapura Metal Corporation and JAS Modular Systems - Financial Year 2014-15 - VAT short paid by selling dealer - HELD THAT:- The claim of the revenue that the goods purchased by the appellant could not have been transported by the vehicle is of no consequence, since the transaction is completed and a postmortem cannot now be resorted to verify whether the items were in fact transported by the conveyance or not? In that view of the matter, having regard to the various provisions under the Act which permits the revenue to pursue the selling dealers through various mode to recover the VAT collected including and not limited to initiating criminal proceedings against the selling dealers. There are no justification in the revisional authority exercising jurisdiction to upset the findings of the First Appellate Authority. The appellant is entitled to ITC for the purchases made by it from M/s Ashapura Metal Corporation and JAS Modular Systems during the Financial Year 2014-15 - Appeal allowed.
|