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Case Law Details

Case Name : Jai Maa Jwalamukhi Iron Scrap Supplier Vs State of U.P. (Allahabad High Court)
Appeal Number : Writ Tax No. 614 of 2020
Date of Judgement/Order : 17/03/2021
Related Assessment Year :
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Jai Maa Jwalamukhi Iron Scrap Supplier Vs State of U.P. (Allahabad High Court)

1. When the respondents have not denied the issuance of the invoice and the e-way bills uploaded against subject transactions it has to be assumed that the invoice and the e-way bills had been issued.

2. Once the respondent admits that the invoice and the e-way bills had been issued in regular course, it is difficult to imagine how the appeal authority could have reached a conclusion that the goods sold or purchased against those invoices were unaccounted for.

3. The invoice is primary evidence of the transaction. Unless the revenue authority disputes its genuineness, it cannot be lightly overlooked.

4. The alleged discrepancy in GSTR-3B and GSTR-2A referred to by the assessing authority did not even find favour with the appeal authority, inasmuch as, it did not refer to the same in the impugned order.

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