TMI Blog2017 (3) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... certificate - the decision in the case of The Assistant Commissioner (CT) Versus M/s. Bhairav Trading Company [2016 (9) TMI 1114 - MADRAS HIGH COURT] relied upon, where it was held that whatever be the effect of retrospective cancellation upon the selling dealer, it can have no effect upon any person, who has acted upon the strength of a registration certificate, when such certificate was alive - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order shows that the respondent has reversed the Input Tax Credit (in short ITC ) availed of by the petitioner in respect of purchases made from three dealers these being: Jayaram Dheva People Solutions, Sri Ganesh Enterprises and V Shape Enterprises, Kanchipuram. Insofar as the first two dealers are concerned ITC to the extent of ₹ 2,21,795/- is reversed as the registration certificate of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icate was cancelled, the same was not a valid ground for the simple reason that on the date of purchase, the two dealers i.e., Jayram Dheva People Solutions and Sri Ganesh Enterprises had valid registration certificate. It is further stated by the learned counsel that the registration certificate of Jayram Dheva People Solutions was cancelled only on 21.12.2010 while that of Sri Ganesh Enterprises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of this Court, the impugned order could be sustained. Mr.Kanmani Annamalai, in fairness, concedes that in view of the ratio of the aforementioned two judgments cited by the counsel for the petitioner, the impugned order would have to be set aide. 8. I have heard the learned counsel for the parties and perused the records. 9. Having regard to what is indicated in the order and the ratio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
