TMI Blog2019 (7) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer nor recorded any independent finding as to the evidentiary value of the documents placed on record by the assessee. Merely because certain documents may have been brought on record by the assessee, may not itself be sufficient to grant ITC. Once that claim had been rejected by the assessing officer, the appellate authority was obliged to record a positive finding after due appraisal of the evidence on record. For such appraisal of evidence to arise, it would have been necessary for the Tribunal to have called for a remand report and to have thereafter recorded cogent findings of fact, based on appraisal of such evidence - That having not been done, the findings recorded by the Tribunal are clearly erroneous and are premature. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poration, Mahroli, Ghaziabad; S.G. Steel, Ghaziabad; Trade Link India, Ghaziabad; Bhanu Traders, Ghaziabad; Pacific Sales Corporation, Ghaziabad; Laxmi Steel Traders, Ghaziabad; Giriraj Steel Traders, Ghaziabad; Jaidurga Enterprises, Ghaziabad; Gopalji Steel, Ghaziabad; Sri Mohan Traders, Ghaziabad; Ramdeo Trading Company, Ghaziabad and; G.P. Trading Company, Ghaziabad. According to the revenue, the registration certificates of these dealers had been cancelled or they were non-existing in case of certain dealers. In view of that objection, the Input Tax Credit (ITC) availed by the assessee against the purchases made by these 13 dealers was proposed to be reversed. It also appears that certain evidence was led by the assessee that either the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Standing Counsel for the revenue and Shri Praveen Kumar, learned counsel for the assessee. 6. Learned Standing Counsel for the revenue would submit that the Tribunal has prematurely allowed the assessee's appeal on merits inasmuch as even if it is assumed to be correct that the assessee had filed certain documents before the assessing officer and, in any case, even if the documents filed before the first appellate authority and the Tribunal are taken into consideration, none of the authorities has recorded a finding that the explanation furnished by the assessee was true and correct. Merely because the assessee had filed a document before the assessing officer, it did not lead to a conclusion of a bona fide explanat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccepted, may lead to the conclusion of acceptance of ITC at the hands of the assessee, however, from a perusal of the assessment order, it is not clear, whether such documents had been brought on record by the assessee at that stage. The first appellate authority has, however, only noted the documents and evidence being brought on record. However, he has also not recorded any positive finding with respect to the same. In fact, he chose to remit the matter to the assessing officer to make a fresh assessment after considering the material brought on record by the assessee. 10. The Tribunal had, on its part, also neither called for any remand report from the assessing officer nor recorded any independent finding as to the evid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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