2017 (3) TMI 1488

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..... C-4 certificates obtained subsequently to assessment proceedings, can be produced at the stage when the matter is pending before Hon'ble High Court? (ii) Whether in the facts and circumstances of the case when there is a sufficient reason for not producing the Tax invoices and C-4 Certificates which were lost during transit during the pendency of assessment proceedings, if subsequently received can be produced to claim the benefit of input tax which stands already deposited with the department? Learned counsel for the appellant submitted that during the year in question the appellant had purchased petroleum products from M/s Hindustan Petroleum Corporation Ltd, for which tax was paid. The input tax credit was not allowed by the Assess .....

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..... r the tax has actually been paid by the Selling Dealer of which input tax credit is being claimed by the Buying Dealer. On the other hand, learned counsel for the State did not dispute the proposition of law as laid down in the aforesaid judgments. However, she submitted that the requisite documents should have been produced by the appellant at the appropriate time before the Assessing Authority to claim benefit of input tax credit. We have heard learned counsel for the parties and perused the paper book. The issue sought to be raised by learned counsel for the appellant is that it had paid tax on purchase of petroleum products from M/s Hindustan Petroleum Corporation Ltd. The tax invoices were lost. Hence, the same could not be produced .....

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..... d the fact that the appellant has produced the duplicate tax invoices and the statutory form VAT-C-4, along with the present appeal, in our view the appeal deserves to be accepted. The impugned orders passed by the Authorities are set aside. The matter is remitted back to the Assessing Authority for fresh determination of tax liability of the appellant after the appellant furnishes duplicate tax invoices and original statutory form VAT-C-4. In case payment of input tax is confirmed, the benefit be granted to the appellant. The substantial questions of law are also answered accordingly. The appellant is directed to appear before the Assessing Authority, on 9.9.2016. The appeal stands disposed of accordingly.
Case laws, Decisions, Judg .....

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