9911796707
TMI Blog2018 (9) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... retrospective effect by the competent authority under the Gujarat Value Added Tax Act ('the VAT Act' for short). Facts being identical, we may notice from Special Civil Application No.22129 of 2017. 2. Petitioner is a private limited company and is engaged in the business of trading of various commodities. The petitioner enjoys registration under the VAT Act and Central Sales Tax Act with effect from 27.06.2008. The department carried out a spot visit at the premises of the petitioner company, during which, certain material was collected, giving primafacie impression to the authorities that the petitioner was engaged in bogus billing activities without sale and purchase of goods. The Deputy Commissioner of Value Added Tax issued n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loans. 4. The petitioner challenged such order before the Value Added Tax Tribunal ('the Tribunal' for short). Pending the revision, the petitioner requested for stay of the order. The Tribunal by an order dated 04.08.2017 admitted the appeal, however, request for stay was rejected. This order of the Tribunal, the petitioner has challenged in the present petition. 5. Learned counsel for the petitioner submitted that all the transactions of the petitioner of sale and purchase of the goods were duly recorded in the accounts which were regularly audited and presented before the authorities. The VAT authorities are unable to point out any revenue linkage. The petitioner has not availed of any bank loan which would sufficiently demoli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re not separately recorded. We clarify that that we are taking up the issue only of interim protection to the petitioner pending revision petition before the Tribunal. We would therefore be slow in making any observation which might prejudice one side or other in pending litigation at any rate. It is provided that no such observation would handicap either side in the revision petition pending before the Tribunal. 8. With this preamble, we may recall that the petitioner's registration as a dealer continued right from the year 2008 till it was recently cancelled with retrospective effect. Even if the cancellation of registration was to be upheld, the question is, should the same has been ordered with retrospective effect providing for ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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