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2019 (7) TMI 914 - HC - VAT and Sales TaxReversal of assessment - excess of purchase turnover - Section 25 of the Kerala Value Added Tax Act, 2003 - annual return rejected for the reason that, discrepancy was noted in the amount of total purchase reflected in the annual return with that of the audited statement - the authorities have not found any discrepancy in the sales figures returned, it cannot be found that there occurred any escapement of sales turnover which is taxable HELD THAT:- The Department has no case that the materials covered under the omitted purchase were not converted into finished goods, which was not reflected in the sales turnover and which had escaped assessment. Therefore, we perfectly agree with the findings of the Tribunal that, at the most the filing of incomplete or incorrect return might have attracted penalization under Section 67 of the KVAT Act. But that alone cannot be used to make an addition in the turnover and to demand tax with respect to the sales turnover of such purchase omitted to be included in the return. We are not convinced that the Tribunal had failed to decide any question of law or had erroneously decided any question of law, which will attract interference of this Court in a revision petition filed under Section 63 of the KVAT Act - revision petition dismissed.
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