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TMI Blog2018 (10) TMI 1771X X X X Extracts X X X X X X X X Extracts X X X X ..... s-allowance of ITC claimed against certain purchases of iron and steal from two registered dealers i.e. M/s Pacific Sales Corporation, Ghaziabad and M/s G.P. Trading Company, Ghaziabad. The case of the assessee appears to be that it had made purchase during the period 18.03.2011 to 28.03.2011 against valid tax invoice authenticated by the assessing authority of the selling dealers as also against valid form 21 issued by the selling dealers. It was, therefore, claimed that the applicant was fully entitled to the benefit of ITC and the same could not have been denied merely because the registration certificate of the selling dealers may have been suspended and later cancelled. 3. In the first leg of proceedings, the matters was dealt by Firs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Tribunal and it has lost at both the forum. Hence, the present revision. 6. While the present revision had been entertained and the proceedings has thus remained pending, today a supplementary affidavit has been filed by the assessee/applicant containing copy of certificate claimed to have been issued by the Deputy Commissioner, Sector 17, Ghaziabad who is the assessing authority of the aforesaid two selling dealers M/s Pacific Sales Corporation, Ghaziabad and M/s G.P. Trading Company, Ghaziabad. The said document reveals that the actual date of suspension of the registration certificates of those dealers was 23.04.2011, whereas, those registrations were first cancelled by orders dated 31.05.2011 (in the case of M/s Pacific Sales Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o lis survives and, therefore, the present revision may be allowed. 11. Learned Standing Counsel submits that whether or not the assessee would be entitled to the benefit of ITC is a matter that is yet to be adjudicated by the fact finding authority and no conclusion may be drawn in this regard prematurely in the present revision procedings. 12. Having considered the arguments advanced by the learned counsel for the parties while on one hand the impugned order cannot be sustained as that factual premise for the same with respect to the date of suspension of the registration certificate of the selling dealers does not exist at the same time, it has to be left open to the Assessing Authority to pass appropriate assessment order in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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