ASHWANI KUMAR MISHRA,J. - (1.) This revision is directed against the orders passed by the authorities under the Act to the extent revisionist has been denied benefit of input tax credit in respect of the purchases made by it from one of the unregistered seller. The order of the Tribunal notices that appeals had been filed both by the revenue court and the assessee, which have been dismissed, and the order passed by first appellate authority has been confirmed. The first appellate authority vide his order dated 28th October, 2014 had allowed claim of the revisionist in respect of purchases made by the revisionist from three other registered dealers, but in respect of purchases made by it from M/s D.K. Traders and Suppliers, Meerut, such benefit was denied on the ground that its registration stood cancelled prior to the purchase being effected by the revisionist. It is this order passed, in essence, with which the assessee is aggrieved.
(2.) Sri Rahul Agarwal, learned counsel for the assessee, contends that so far as the transaction of purchase made by it from M/s D.K. Traders and Suppliers is concerned, the revisionist has deposited a sum of Rs. 1,48,313/- towards purchase tax, and qua such amount, the revisionist is entitled to benefit of input tax credit. It is also contended that the deposit of purchase tax is not in dispute. It is also submitted that payment to dealer was made by cheque, and there is no finding that transaction was collusive.
(3.) Learned Standing Counsel does not dispute the entitlement of the revisionist to receive the benefit of input tax credit to the extent of deposit of purchase tax amount, and it is stated that in case the revisionist can demonstrate before the authorities that such tax has been paid, the authority concerned shall pass appropriate orders in that regard.;