Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2016 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 69 - HC - VAT and Sales TaxDenial of benefit of input tax credit - the Petitioner paid purchase tax under Section 3(2) of KVAT Act on the purchase of sand from unregistered dealers - the petitioner has not filed any revised return either within the prescribed period of 6 months or even thereafter and the claim for input tax credit is made for the first time only after the re-assessment proceedings were concluded - Held that: - the Tribunal has rightly held that as per the provisions of Section 35(4) read with the decision of this Court in the case of CENTUM INDUSTRIES [2015 (10) TMI 47 - KARNATAKA HIGH COURT], no input tax credit would be available as claimed by the assessee - the contention raised that the matter is pending before the Apex Court against the decision of the Centum Industries case and therefore this Court may not conclude on the question of law because the issue is already covered by the decision of this Court and it is not the case of the assessee that the Apex Court has stayed the operation of the decision of this Court. So far as the second contention for claiming tax credit though no reference whatsoever is made by separately showing the amount of tax in the Bills or tax invoice. Petition dismissed - decided in favor of revenue.
|