2016 (7) TMI 481

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....nt is a registered dealer under Valued Added Tax Act, 2003. The appellant was assessed for the assessment year 2006-2007. During assessment, the Assessing Officer disallowed input tax credit of the assessee of Rs. 1.31 crores (rounded off) on the ground that the dealers from whom the goods were purchased were engaged in bogus billing activities and on that ground their registrations were cancelled ab initio. The case of the assessee is that the purchases were genuine and any subsequent cancellation of the registration of the sellers would not result into denial of input tax credit to the assesseepurchaser. Be that as it may, the Assessing Officer passed the order of assessment raising a total demand of Rs. 5 crores (rounded off) comprising ....

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....ated 6.6.2016, we had observed as under: "Learned counsel Ms. Vaibhavi Parikh submitted that an unencumbered immovable property of the partners of the firm valued at more than Rs. 25 crores has been attached by the department and therefore, the entire dues as per the orders of the Assessing Officer are fully secured. The Tribunal therefore, ought not to have imposed an onerous condition on assessee of depositing a sum of Rs. 3 crores by way of pre-deposit. She relied on an affidavit dated 7.12.2015 filed by the partner of the firm in this respect. 2. Learned Assistant Government Pleader shall take instructions on these aspects of the matter. S.O. to 13.6.2016." 4. In response to the same, learned Assistant Government Pleader strongly dis....