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TMI Blog2015 (10) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... TIN No. 29770214201. During the audit it was noticed that the assessee-company has claimed input-tax rebate in respect of local registered purchases. They calculated VATat four per cent. and 12.5 percent. separately in the invoices as local sales as applicable. In respect of Central sales tax, the assessee has charged and collected at four per cent. against C form/D form and 12.5 per cent. without statutory form separately in the invoices. In the monthly returns filed in respect of the period of February 2007, the claim of input tax of Rs. 2,43,306 was rejected on the ground that the said claim was not pertaining to the tax for the period February 2007. It was held that the assessee has to claim input-tax rebate in the respective period of purchases effected and also on the ground that the assessee had not filed revised returns within six months as provided under section 35(4) of the Act. 2. Aggrieved by the said order, the assessee preferred an appeal. The first appellate authority affirmed the order of the assessing authority and held that as the input-tax claims have not been claimed, the returns filed during succeeding month of purchase and the input-tax credit has been claime ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act refers to output tax, input tax and net tax. During the relevant tax period it reads as under: "10. Output tax, input tax and net tax.-(1) Output tax in relation to any registered dealer means the tax payable under this Act in respect of any taxable sale of goods made by that dealer in the course of his business, and includes tax payable by a commission agent in respect of taxable sales of goods made on behalf of such dealer subject to issue of a prescribed declaration by such agent. (2) Subject to input tax restrictions specified in sections 11, 12, 14, 17 and 18, input tax in relation to any registered dealer means the tax collected or payable under this Act on the sale to him of any goods for use in the course of his business, and includes the tax on the sale of goods to his agent who purchases such goods on his behalf subject to the manner as may be prescribed to claim input tax in such cases. (3) Subject to input tax restrictions specified in sections 11, 12, 14, 17, 18 and 19, the net tax payable by a registered dealer in respect of each tax period shall be the amount of output tax payable by him in that period less the input tax deductible by him as may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) of section 9, shall furnish a return in such form and manner, including electronic methods, and shall pay the tax due on such return within twenty days or fifteen days after the end of the preceding month or any other tax period as may be prescribed: Provided that the specified class of dealers as may be notified by the Commissioner shall furnish particulars for preparation of the return in the prescribed form or submit the return in the prescribed form, electronically through internet in the manner specified in the said notification: Provided further that the specified class of dealers as may be notified by the Commissioner shall pay tax payable on the basis of the return, by electronic remittance through internet in the manner specified in the said notification. (2) The tax on any sale or purchase of goods declared in a return furnished shall become payable at the expiry of the period specified in sub-section (1) without requiring issue of a notice for payment of such tax. (3) Subject to such terms and conditions as may be specified, the prescribed authority may require any registered dealer,- (a) to furnish a return for such periods, or (b) to furnish separate branch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of input tax is admitted, the assessee is entitled to the benefit of setting off the input tax against the output tax. If the said interpretation were to be accepted it would render the period prescribed under the Act meaningless. When in the statute a specific period is prescribed for filing of the return under section 35(1) of the Act and when a provision is made under section 35(4) of the Act for filing of a revised return again prescribing a time-limit, when in sub-section (3) of section 10 it is categorically stated that the input tax shall be accounted in accordance with the provisions of this Act, the assessee would not be entitled to the benefit conferred on him under sub-section (4) of section 10, if it is not accounted for. 12. Reliance was placed on a judgment of this court in the case of State of Karnataka v. K. Bond Polymers Pvt. Ltd. [2013] 66 VST 369 (Karn), where this court dealing with sub-section (3) of section 30 of the Act held that, once the tax is paid under the Act, the assessee is entitled to the benefit of the input tax. The delay in putting forth the claim for refund did not in any way affect his right to claim the said amount, which was legitimat ..... 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