TMI Blog2017 (4) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... late 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. - Sales/Trade Tax Revision No. 146 of 2017 - - - Dated:- 13-4-2017 - Hon'ble Ashwani Kumar Mishra, J. For the Applicant : Rishi Raj Kapoor ORDER Registration as dealer of assessee has been cancelled by the authorities invoking jurisdiction under Section 17 (11) (ix) of the U.P. Value Added Tax Act, for the reason that the 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. The benefit of I.T.C. was reversed and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... put tax credit in respect of any goods, benefit of input tax credit to the extent it is not admissible, shall stand reversed and such amount of reverse input tax credit shall be deducted from the amount of input tax credit already claimed by the dealer in the tax period in which event giving rise to reverse input tax credit has occurred: PROVIDED that where event, giving rise to reverse input tax credit, comes to the notice of the dealer after the tax return, for the tax period in which such event has occurred, has been submitted, the dealer shall be liable to pay such amount of reverse input tax credit within thirty days after the event comes to the notice of the dealer, along with simple interest at a rate of fifteen percent per annu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods; or (vi) where a transporter or carrier or transporting agent or railway container contractor fails to file return or otherwise acts in contravention of the provisions of this Act or Rules made thereunder; (vii) a person acts in contravention of provisions of section 43; (viii) where a dealer has failed to pay the tax, penalty or other dues within three months of the date such tax, penalty or other dues become payable; (ix) registration certificate has been cancelled for any other sufficient cause. Various circumstances are specified in the Act which may lead to cancellation of registration. Raising of an incorrect claim of I.T.C. is not one of the grounds contemplated under Section 17 (11) for cancellation o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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