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2011 (7) TMI 1052 - HC - VAT and Sales TaxWhether the Tribunal was justified in confirming disallowance of input tax credit claimed by the assessee for the year 2005-2006 under Section 11(1) of the Kerala Value Added Tax Act? Held that:- In order to avail the benefit, petitioner has to get permission from the officer who grants it under sub-rule (8) on being satisfied after verifying Form 25A and the accounts furnished. In the absence of compliance of statutory formalities provided in the above Rules, petitioner was rightly declined input tax credit. So far as petitioner's contention that petitioner is entitled to input tax credit under Section 11(1) by virtue of assessment of the entire turnover for 2005-2006 at Schedule rate is concerned, is not acceptable because under Rule 12(8) there is no provision to grant input tax credit to dealers claiming benefit under Section 6(5) for any period prior to filing of Form No.25A even in cases where the dealer was denied the benefit claimed under Section 6(5) and assessed under Section 6(1) of the Act for the whole year. We, therefore, dismiss the revision case.
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