2015 (10) TMI 777

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....pondent : Mr. Jagmohan Bansal, Addl. A.G., Punjab RAMENDRA JAIN, J. Through the instant petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the assessment order dated 31.03.2015 (Annexure P-2) passed by the Assessing Authority, Jalandhar-II. The petitioner, a partnership firm registered under th....

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....-2) wrongly and illegally, disallowing the Input Tax Credit (ITC) on account of non-production of account books and its original VAT invoices. The Assessing Authority also rejected some of the Input Tax Credit (ITC) on the ground that the alleged purchases were made from the cancelled dealer and wrongly and illegally created a demand of Rs. 1,41,29,588/- including penalty of Rs. 90,57,048/- and in....

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....ough banking channels and hence, the subsequent cancellation of their Registration Certificate, if any, could not be made the basis of rejection of ITC. Penalty of 200% was imposed without recording any reason and thus, the same was also illegal. In response thereto, learned counsel for the State in its reply pleaded the legality and validity of the assessment order dated 31.03.2015 (Annexure P....

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....holding total tax liability of the petitioner-firm to the tune of Rs. 1,41,29,588/-. The stand of the petitioner-firm is that no notice was ever served to it, before passing the impugned order. Mr. Roshan Lal Sharma, its alleged Accountant was never employed by it and, therefore, it does not lie in the mouth of the respondent-department that the petitioner-firm was represented by him before the de....