9911796707
TMI Blog2015 (5) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... y the assessee on 19.08.2006, for the tax period from July 2005 to March 2006. Ignoring the said revised returns, fresh assessment order was passed by the Assessing Officer on the ground that the revised returns were not filed within the prescribed period of six months, as provided under Section 35(4) of the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as 'the Act' for brevity). 3. While passing the assessment order, the Assessing Authority did not take into consideration the Circular dated 07.07.2008 issued by the Commissioner of Commercial Taxes. The said Circular clearly provided that if the revised return indicated any additional tax liability, then in such a case, the return filed beyond a period of six months ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already paid. If the belated returns are therefore entertained and the additional tax is accepted, as directed by the Commissioner, it does not affect the interest of the revenue adversely in any way. Filing of the belated revised returns and their acceptance by the concerned officer would not put the exchequer to any prejudice. 27. Considering all these aspects of the matter, this Court has no hesitation in holding that the respondent No.1 has not considered the petitioner's belated revised returns, though submitted with additional tax in accordance with the circular in question. 28. For yet another reason too, the Commissioner's circular is absolutely sustainable. The sudden introduction of VAT regime has created an unfamiliar s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner's tax liability. 7. Challenging the said order of the learned Single Judge, these appeals have been filed. 8. Learned Counsel for the appellants has not disputed the fact that the Circular issued by the Commissioner would be binding on the Department. It is also not been disputed that the KVAT Act came into effect from 1st April 2005, prior to which Karnataka Sales Tax Act, was applicable. Thus, it can safely be said that with the change in regime of tax, the Commissioner of Commercial Taxes had issued the Circular to iron out the teething problems faced by the assessees. 9. Learned Counsel for the appellants also could not dispute the fact that the order of assessment was passed totally ignoring the Circular of the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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