S.MURALIDHAR, VIBHU BAKHRU
Capri Bathaid Private Limited – Appellant
Versus
Commissioner of Trade – Respondent
S. Muralidhar, J.
1. These are four writ petitions by the dealers registered under the Delhi Value Added Tax Act, 2004 (‘DVAT Act’) raising similar questions concerning the exercise, by the officers under the DVAT Act, of the powers of survey, search, seizure and assessment. They are accordingly being disposed of by this common judgment.
W.P. (C) 8913 of 2014
2. In this writ petition filed by Capri Bathaid Private Limited (CBPL), the facts are that a survey was undertaken in the premises of CBPL by the Department of Trade & Taxes (‘DT&T’) on 4th September 2014. According to the DT&T a shortage of stock of the value of Rs. 6,79,463 and excess of cash in the sum of Rs. 247 was detected. On 22nd July 2014 CBPL filed its return for the first quarter of 2014 declaring local sales turnover of Rs. 86,66,077. Against the gross output tax liability of Rs. 4,44,728, CBPL claimed input tax credit (‘ITC’) of Rs. 5,11,175. CBPL deposited a sum of Rs. 74,500. According to CBPL, the claim of ITC was found matching with the output tax liability declared by the selling dealers as per t
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