2025 (2) TMI 1152

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....to be a dealer in scrap steel and had transactions with the following dealers during the respective Assessment Years: Sl.No. Assessment Years Dealer's Name 1 2017-2018 Tvl.R.R.Trading 2 2018-2019 Tvl.Asian Steels 3 2019-2020 Tvl.Lucky Scrap Traders 3. Details of the credit availed by the petitioner from different dealers are as under:- Sl.No. W.P.Nos and Assessment Years Name and GSTIN (As per impugned order) ITC Availed 1 W.P.No.10966 of 2021 (2017-2018) 1. Tvl.RR Trading & Co (33EDYPS0948Q1ZC) Rs. 75,44,264/- 2. Tvl.Asian Steel Traders (33AMDPS4215Q1ZQ) Rs. 13,38,994/- 3. Tvl.Lucky Scrap Traders (33BKXPA5853M1ZL) Rs. 7,28,200/- 2 W.P.No.10968 of 2021 (2018-2019) 1. Tvl.RR Trading & Co (33EDYPS0948Q1ZC) R....

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....on the strength of invoices raised by the above mentioned dealers on the petitioner who were not in existence. 7. In these writ petitions, the learned counsel for the petitioner submits that the petitioner has made payment in cash / cheques to the respective dealers who had encashed the cheques issued by the petitioner and therefore there is no justification in imposing tax liability on the petitioner by asking the petitioner to reverse the Input Tax Credit, merely because, it is perception of the respondents Department that the above mentioned dealers have resorted to circular trading. 8. In support of these writ petitions, the learned counsel for the petitioner had produced copies of invoices and the returns downloaded by the petitioner....

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....mmissioner of Commercial Taxes, Chennai - 600 005 addressed to the Additional Commissioner (ST) Intelligence-I, Chennai, the Joint Commissioner (ST) Intelligence-II Chennai, the Joint Commissioner (ST) Intelligence, Coimbatore and the Joint Commissioner (ST) Intelligence, Trichy, wherein, they have listed out the names of supplying dealers with whom the petitioner had transactions. It is submitted that none of the dealers with whom the petitioners' transactions were bona fide transactions and thus the petitioner was indulging in passing Input Tax Credit to facilitate evasion of tax. 12. That apart, the learned Government Advocate for the respondents would submit that entire tax liability has been borne by the petitioner out of the Inpu....