Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Input tax credit could not be denied to a bona fide purchasing dealer who bought from a registered supplier and complied with statutory requirements merely because the supplier failed to deposit the collected tax. The Department's remedy lies against the defaulting supplier, not against the purchaser, unless there is material showing that the transactions were not bona fide or were entered into in collusion. On that basis, the impugned demand and appellate orders were set aside, while the authorities were left free to proceed afresh if evidence of collusion or lack of bona fides exists.
Input tax credit could not be denied to a bona fide purchasing dealer who bought from a registered supplier and complied with statutory requirements merely because the supplier failed to deposit the collected tax. The Department's remedy lies against the defaulting supplier, not against the purchaser, unless there is material showing that the transactions were not bona fide or were entered into in collusion. On that basis, the impugned demand and appellate orders were set aside, while the authorities were left free to proceed afresh if evidence of collusion or lack of bona fides exists.
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