AUM METAL INDIA Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-1-321
HIGH COURT OF RAJASTHAN
Decided on January 19,2015

Aum Metal India Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioner has questioned legality of assessment order dated 28.3.13 passed by the Assessing Authority, the Commercial Taxes Officer Circle A, Jodhpur under Section 18(2), 24(3), 55 of Rajasthan Value Added Tax Act, 2003 (for short "the Act") read with Rule 48 of Rajasthan Value Added Tax Rules, 2008 (for short "the Rules"), disallowing input tax credit claimed and order dated 31.12.13 rejecting the application under Section 33 of the Act, seeking rectification of assessment order dated 28.3.13.
(2.) THE petitioner, proprietorship concern, a dealer registered under the Act, engaged in business of trading of scraps of Ferrous and Non Ferrous Metal, Plastic, Paper, Bottles, Bardana, Plastic Bags, Machinery and their parts, entered into purchase transactions with various dealers, namely, M/s. Global Trade Link, M/s. Mahaveer Selection, M/s. Vishal Traders, M/s. Shree Balaji Trading and M/s. SGM & Sons etc. during the assessment year 2010 -11. The petitioner filed the quarterly returns under Section 21 of the Act, claiming input tax credit quantified at Rs. 27,39,309/ -. Vide notice dated 18.2.13 issued by the Assessing Authority, the petitioner was directed to show cause as to why the input tax credit claimed by it during the relevant Assessment Year may not be disallowed and further, the penalty may not be imposed for claiming input tax credit wrongfully and failure to deposit the tax payable.
(3.) IN response to the notice, the petitioner filed a reply and produced the books of account before the Assessing Authority.;


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