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2016 (12) TMI 426 - HC - VAT and Sales TaxBenefit of composition scheme - whether it is justified to hold that the benefit of Composition Scheme under Section 15 (1) of the Karnataka Value Added Tax Act, 2003, cannot be denied on the ground that certain capital goods were purchased by the petitioner-assessee, which were not “goods-in-stock”? - the petitioner-assessee, running a Restaurant purchased certain Vetrified Tiles to be fixed on the floor of the Restaurant - Held that: - Since in the present case, the first appeal of the petitioner-assessee has been disposed of against the assessee and the second appeal before the Tribunal under Section 63 of the Act has not yet been filed, the petitioner-assessee is relegated to the alternative remedy before the said Tribunal and if such appeal is filed before the Tribunal within fifteen days from today, the same shall be considered on merits without objection as to the limitation by the said Tribunal in accordance with the aforesaid order of this Court. If, however, the Department can produce before the Tribunal the proof of the aforesaid judgment being stayed by any superior Court, they will be entitled to proceed further in accordance with law - petition disposed off.
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