2016 (7) TMI 141

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....FOR THE RESPONDENT : Mr.Hardik Vora, Assistant Government Pleader The petition arises in the following background. The petitioner was assessed by the Assessing Officer for the year 2011-2012 in which the petitioner had claimed input tax credit for the purchases made from registered dealers. With respect to nine such dealers, the Assessing Officer disallowed input tax credit, totalling to Rs.....

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.... dated 28.4.2016 required the petitioner to deposit 20% of the tax demand latest before 10.6.2016 but relieved the petitioner from the responsibility of providing bank guarantee for the remaining 80 per cent. Under these circumstances, the petitioner has approached the High Court. 3. Learned counsel Mr. Soparkar for the petitioner submitted that the disallowance of the input tax credit was sole....

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....not interfere in exercise of the writ jurisdiction. 5. In the impugned order the Tribunal with respect to the petitioner's contention of adverse material not being made available, had observed as under: "4. We have considered the rival submissions and facts of the case. We have also gone through the orders passed by the authorities below. In absence of the copy of reverse report given to....

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....usly it was not made available to the petitioner. If that be so, a serious question would arise how such materials could have been utilised to make such substantial additions. The Tribunal was also of the opinion that the transactions of the petitioner appeared to be genuine. If that be so, the question would be why was the petitioner required to deposit 20 per cent of the tax demand by way of pre....