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2017 (12) TMI 1072 - HC - VAT and Sales TaxPrinciples of Natural Justice - main contention raised by the assessee was that Annexure IV order revising Annexure I order under Section 8 of the KVAT Act was passed without issuing notice to it and therefore, the Tribunal ought to have remitted the matter to the assessing officer - Held that: - A reading of the order passed by the Tribunal shows that on a perusal of the provisions contained in Section 6 of the KVAT Act, Rule 10 of the KVAT Rules and Section 8 of the Finance Act, the Tribunal has come to the conclusion that in Section 8 while the legislature has made the tax payable on the basis of the turnover of the sale of the goods, for the purposes of Section 6, the phrase used is taxable turnover. It was therefore that the Tribunal has come to the conclusion that the deductions, which are permissible under Rule 10 provided with reference to Section 6 are of no relevance, in a proceedings under Section 8 of the Finance Act. The assessee has allowed Annexure V to the extent it was against it to become final. In such a situation, this plea is not available to the assessee at this stage and therefore, we cannot accept this plea - revision dismissed.
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