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2016 (8) TMI 1346 - HC - VAT and Sales TaxFiling of revised return - time limitation - assessee did not file revised return within the prescribed period of six months, but filed the revised return after the expiry of a period of six months - Held that: - It is an admitted position that in the present case, the revised tax return was for claiming higher input-tax credit, but the net effect was not for additional tax liability and it was for refund of the amount. If the provision of section 35(4) of the KVAT Act is read and considered, it may be said that if the revised return is filed after the expiry of a period of six months, but is to be ultimately resulting into net additional tax liability even for a single rupee, the same can be accepted irrespective of the fact that the input-tax credit claimed is of the higher amount or not. The appeal before the Tribunal by the assessee was only for levying of the interest and penalty and not on the point as to whether on merits the revised return filed after the expiry of a period of six months, that too, not resulting into any additional tax liability, could be accepted or not. Hence, considering the peculiar facts and circumstances of the case, the contention that the simultaneous power could not have been exercised by the revisional authority, holds no merit and hence, not accepted. The contention that the revisional authority ought not to have exercised the suo motu power under section 64 when the appeal was pending before the Tribunal, does not deserve to be accepted, hence, the same is rejected. Appeal dismissed.
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