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2016 (9) TMI 1222 - HC - VAT and Sales TaxRectification of re-assessment order under Section 69(2) of the VAT Act - fabrication of iron and steel gates and windows etc - Entry Sl.No.4 of the Sixth Schedule taxable at 4% and at 5.5% after issuance of clarification on 26.3.2015 - Entry Sl.No.23 of Sixth Schedule taxable at 12% - Whether the re-assessment was permissible under the head of “Rectification of the order in purported exercise of the power under Section 69 of Karnataka Value Added Tax Act, 2003 on the basis of a clarification issued by the Commissioner which itself is after the order of re-assessment dated 28.6.2010? Held that: - the material which did not exist at all at the time of order of re-assessment was passed on 28.6.2010 would not form basis for rectification of the re-assessment order. When it is undisputed position that the basis of the exercise of power for rectification is the clarification order dated 21.2.2012 issued by the Commissioner which in any case has come into existence after the order of re-assessment, the power of rectification was unavailable. Further, it is not the case of respondent-revenue that any other clarification like 21.2.2012 was already in existence prior to 28.6.2010 i.e. date on which the order of re-assessment was passed. No material which has come into existence after the order/re-assessment is passed can be made as the basis for exercise of power under Section 69 of the Act - question is answered in favour of the petitioner-assessee and against the revenue - petition allowed.
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