2017 (3) TMI 1488

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....-4 certificates obtained subsequently to assessment proceedings, can be produced at the stage when the matter is pending before Hon'ble High Court? (ii) Whether in the facts and circumstances of the case when there is a sufficient reason for not producing the Tax invoices and C-4 Certificates which were lost during transit during the pendency of assessment proceedings, if subsequently received can be produced to claim the benefit of input tax which stands already deposited with the department? Learned counsel for the appellant submitted that during the year in question the appellant had purchased petroleum products from M/s Hindustan Petroleum Corporation Ltd, for which tax was paid. The input tax credit was not allowed by the Assessi....

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.... the tax has actually been paid by the Selling Dealer of which input tax credit is being claimed by the Buying Dealer. On the other hand, learned counsel for the State did not dispute the proposition of law as laid down in the aforesaid judgments. However, she submitted that the requisite documents should have been produced by the appellant at the appropriate time before the Assessing Authority to claim benefit of input tax credit. We have heard learned counsel for the parties and perused the paper book. The issue sought to be raised by learned counsel for the appellant is that it had paid tax on purchase of petroleum products from M/s Hindustan Petroleum Corporation Ltd. The tax invoices were lost. Hence, the same could not be produced ....