JOTINDRA STEELTUBES LIMITED Vs. COMMISSIONER

JUDGEMENT

(1.) The present revision has been directed against the order of Commercial Tax Tribunal, Ghaziabad dated 21.02.2017 passed in Second Appeal No. 48 of 2017 (A/2010-2011).

(2.) By the aforesaid order, the Tribunal has rejected the appeal filed by the assessee and affirmed the dis-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 First Appeal Authority in Appeal No. GHA-1/0461/2015. That appeal was allowed by order dated 31.08.2015 and the assessment order was set aside. The matter was then remanded to the assessing authority to decide afresh after making inquiries and verification as had been indicated in that order. It was further provided that only in the case of finding being recorded against the assessee as to collusion between the assessee and the selling dealers that the benefit of ITC may be denied.