TMI Blog2014 (9) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... it is noted that the reason for refusing to refund the excess input tax is that the assessment for the year 2012-13 would have to be audited. It is only after the audit of the said accounts that the excess tax paid could be refunded. The reason given for the refusal of refund of the excess tax paid by the assessee in my view, is not in consonance with the Rules. The quantum of tax to be refunded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arnataka Value Added Tax Act, 2003 (the Act, for short). That under Section 10 of that Act, provision is made for out put tax, input tax and net tax payable by the registered dealer. Rules 127 and 128 of the Karnataka Value Added Tax Rules 2005 (Rules, for short) made under that Act provide for adjustment and refunds respectively with regard to the excess tax paid. It is the case of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner that the eligibility of the petitioner for refund of the excess input tax paid by it as well as the quantum have been admitted by the respondent, the reason given for the impugned endorsement that the amount cannot be refunded at this stage is contrary to what is stated in Rule 128 of Rules 5. Learned AGA supporting the endorsement with reference to the statement of objections has s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, it is quashed. At this stage, learned AGA states that within a period of three weeks from the date of receipt of certified copy of this order, the excess input tax paid by the petitioner would be refunded. Counsel for petitioner states that the representation would be made to the concerned authority along with the copy of this order for seeking actual refund of the amount. Liberty is al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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