TMI Blog2015 (10) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... le and the same has to be accounted in accordance with the provisions of the Act. Sub-section (4) makes it clear that, for the purpose of calculating the amount of net tax to be paid or refunded, no deduction for input tax shall be made unless a tax invoice, debit note or credit note, in relation to a sale, has been issued in accordance with section 29. Assessee paid input tax for the month of June 2006. In the returns filed in July 2006 he did not put forth any claim. He also did not file any revised return within 6 months putting forth the said claim. That is the period prescribed under law under section 35(1) and 35 (4) of the Act. It is only in the return filed in the month of February 2007, after the expiry of the aforesaid period, he put forth the said claim. There fore, the assessing authority as well as the first appellate authority rightly held that the claim for input tax rebate put forth for the first time in February 2007 for the period of June 2006 cannot be allowed. - If the assessee is not putting forth a claim for input tax deduction in the return filed in July 2006 nor as he put forth such a claim in a revised claim which he could have filed within six months th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 claimed after six months from the date of the purchase, i.e., in the returns filed for the month of February 2007, the appeal came to be dismissed. 3. Aggrieved by the said order, the assessee preferred an appeal to the Karnataka Appellate Tribunal. The Tribunal held that, the input tax is a statutory promise made to the dealer buying the goods from the registered dealer by paying the tax mentioned in the tax invoice. There is nothing in the law stipulating that if input tax is not claimed during the month succeeding the month in which purchase is effected, the dealer would forfeit the claim to input tax and, therefore, the Tribunal held that the lower authorities were not justified in denying the input-tax credit. Accordingly, it allowed the appeal and granted the input-tax credit. Aggrieved by the said ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gent 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 prescribed in that period and shall be accounted for in accordance with the provisions of this Act. (4) For the purpose of calculating the amount of net tax to be paid or refunded, no deduction for input tax shall be made unless a tax invoice, debit note or credit note, in relation to a sale, has been issued in accordance with section 29 or section 30 and is with the registered dealer taking the deduction at the time any return in respect of the sale is furnished, except such tax paid under sub-section (2) of section 3. (5) Subject to input tax restrictions specified in sections 11, 12, 14, 17, 18 and 19, where under sub-section (3) the input tax deductible by a dealer exceeds the output tax payable by him, the excess amount shall be adjusted or refunded together with interest, as may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 returns where the registered dealer has more than one place of business. (4) If any dealer having furnished a return under this Act, other than a return furnished under sub-section (3) of section 38, discovers any omission or incorrect statement therein, other than as a result of an inspection or receipt of any other information or evidence by the prescribed authority, he shall furnish a revised return within six months from the end of the relevant tax period except when such revised return is on issue of a debit note under section 30, subject to sub-section (2) of section 72. 10. Sub-section (1) of section 35 provides for furnishing a return in such form and manner and for payment of tax due on such return within 20 days or 15 days after the end of the preceding mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 legitimately due to him under the Act. That was a judgment rendered in connection with a claim for refund. It dealt with credit and debit notes. It has no application to a case of setting off input tax against output tax under section 10 of the Act. 13. In the instant case, the assessee paid input tax for the month of June 2006. In the returns filed in July 2006 he did not put forth any claim. He also did not file any revised return within 6 months putting forth the said claim. That is the period prescribed under law under section 35(1) and 35 (4) of the Act. It is only in the return filed in the month of February 2007, after the expiry of the aforesaid period, he put forth the said claim. There fore, the assessing authority as well as the first appellate authority right ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
