9911796707
TMI Blog2013 (9) TMI 1029X X X X Extracts X X X X X X X X Extracts X X X X ..... groceries as a grocery merchant at Mankavu. She commenced her business in groceries for the first time in the assessment year 2008-09 is also not seriously disputed by the Department. Subsequent to filing of the returns indicating the taxable turnover by the assessee, on scrutiny of the records by the Department unearthed unaccounted purchase of Rs. 1,19,662 so far as assessment year 2008-09 and Rs. 3,54,165 so far as assess ment year 2009-10. Assessment came to be completed by adding the unaccounted turnover and in both the above assessment years the total taxable turnover crossed Rs. 10 lakhs. Aggrieved by the assess ment, the assessee filed appeals before the first appellate authority. The appellate authority only modified the quantum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear of business. Therefore, even by virtue of sub section (3) of section 11 of the Act the assessee would get the benefit. We have gone through the orders of both the appellate authorities and also the provisions referred to above. Section 2(xxiii) of the Act defines "input tax" which reads as under: "'input tax' means the tax paid or payable under this Act by a registered dealer to another registered dealer on the purchase of goods in the course of business and includes the tax paid on the purchase of materials for the research and development in relation to any goods." This has to be understood with reference to input-tax credit available to the assessee on purchases as provided under sub-section (5) of section 11. Sub-section (5)(n) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee so far as beginner of the business in the first assessment year, by virtue of proviso 3 to section 6(1) of the KVAT Act he gets exemption benefit up to Rs. 10 lakhs taxable turnover and when the turnover exceeds Rs. 10 lakhs such excess taxable turnover alone has to be taken into consideration. Proviso 3 to section 6(1) of the KVAT Act reads as under: "6. Levy of tax on sale or purchase of goods.-(1) Every dealer whose total turnover for a year is not less than ten lakhs rupees and every importer or casual trader or agent of a non-resident dealer, or dealer in jewellery of gold, silver and platinum group metals or silver articles or contractor or any State Government, Central Government or Government of any Union Territory or any D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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