Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2016 (7) TMI 878

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ty. In view of the above, the writ petitions are partly allowed, the impugned orders rendered by the Assessing Officer with regard to issue No.4 as to the reversal of input tax credit on a differential purchase turnover, are set aside and the matters are remitted back to the respondent for fresh consideration. The respondent is directed to furnish all the details sought for by the petitioner with reference to invoice numbers, dates, names of the sellers and sale value, within a period of three weeks from the date of receipt of a copy of this order. - Matter restored before the AO - Writ Petition Nos.21886 to 21890 of 2016, WMP.Nos.18722 to 18731 of 2016 - - - Dated:- 27-6-2016 - T. S. Sivagnanam, J. For the Petitioner : Ms. C. Re .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ess of the input tax credit claim, it is submitted that the petitioner, while giving their objections to the revision notices dated 17.7.2015, stated as follows : Fifthly, you have also proposed to reverse ITC of ₹ 1,15,232/- on the ground that we have lodged excess claim of ITC of Rs,1,15,232/-. We state that before making such an adverse allegation in the notice under reply, you ought to have furnished the details of Annexure II of our seller. We have huge purchase from various dealers and you should have made specific reference of all those details in the notice under reply. In the absence of any specific details of invoice number, date, name of the sellers and sale value, it is difficult for us to give any concrete reply on t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssessing Officer. 6. With regard to other issues, the learned counsel for the petitioner submits that if 15 days' time is granted, the petitioner will be able to produce balance sheets and furnish all the details. 7. Since those issues involve disputed questions of fact, the petitioner has to necessarily exhaust the remedies available under the Act either by filing a petition for review under Section 84 of the Act or by filing an appeal before the Appellate Authority. 8. In view of the above, the writ petitions are partly allowed, the impugned orders rendered by the Assessing Officer with regard to issue No.4 as to the reversal of input tax credit on a differential purchase turnover, are set aside and the matters are remitted .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates