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2011 (7) TMI 1051 - HC - VAT and Sales TaxWhether the Karnataka Appellate Tribunal is justified in ordering to allow exemption towards deduction much against to the provisions of the Act or Rules? Whether the Karnataka Appellate Tribunal is justified in transgressing the provisions of the Act or Rules made thereunder and accord benefit to the respondent-company much against to their own limited powers as submitted above? Whether the order dated April 24, 2009 passed in STA No. 985 to 991 of 2008 is contrary to law and facts? Held that:- Under the circumstances and in view of the admitted fact that the tax invoice did not contain the discount and its subsequent credit notes are sought to be treated as discount to claim relief is wholly unjustified. The Tribunal fell in gross error in holding to the contrary. Therefore, we are of the considered view that for the aforesaid reasons, the order of the Tribunal requires to be set aside. The order dated April 24, 2009 passed in S.T.A.Nos. 985 to 991 of 2008 by the Karnataka Appellate Tribunal, Bangalore is set aside. Consequently, the order of the assessing authority dated February 26, 2007 stands restored.
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