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2016 (2) TMI 319 - KARNATAKA HIGH COURT

2016 (2) TMI 319 - KARNATAKA HIGH COURT - TMI - Input Tax Credit / Input rebate - KVAT - whether the petitioner could avail the benefit of the judgment which was rendered much after the assessment order was passed and whether such reassessment orders can be passed on their prayer for rectification of the earlier assessment. - Held that:- in a situation where if the revenue were to be in the position of the assessee and if it was discovered that by virtue of the operation of law, the revenue was .....

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of its prayer.

The petitions are allowed. - Decided in favor of assessee. - WRIT PETITION Nos.49879-49926 OF 2015 (T-RES) - Dated:- 20-1-2016 - MR. ANAND BYRAREDDY, J. For The Petitioner : Shri G. Sarangan, Senior Advocate for Shri T.N.Keshavamurthy, Advocate For The Respondent : Shri S.V.Giri Kumar, Additional Government Advocate ORDER Heard the learned Senior Advocate Shri G.Sarangan appearing for the Counsel for the petitioner, Shri Keshava Murthy and the learned Counsel for the re .....

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returns of turnover in Form VAT 100 for the tax periods April 2006 to March 200 7, April 2007 to March 2008, April 2008 to March 2009 and April 2009 to March 2010 were filed compiled on the basis of books of accounts and the tax was paid as admitted therein. In the said returns filed, the petitioner had claimed partial input rebate in terms of section 17 of the KVAT Act in respect of rice bran, cotton seed, sunflower cake and soya seeds used as input in the extraction of oil on the understanding .....

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the partial input rebate as per Section 17 of the KVAT Act, on the value of inputs namely, rice bran, cotton seed, sunflower cake and soya seed used in the extraction of oil on the understanding of law that the petitioner is not eligible for full input tax rebate. 4. Subsequent to the filing of the returns, a division bench of this court has rendered its judgment in M.K.Agro Tech Private Limited vs. State of Karnataka, 2014(1 8) KLJ 1, to the effect that when an assessee is in the business of m .....

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filed an application under Section 6 9(1) relating to the tax period April 2006 to March 2007, April 2 007 to March 2008, April 2008 to March 2009 and April 2009 to March 2010 before the first respondent, for rectification of the re-assessment orders and to grant full input tax rebate on the value of VAT. That was rejected only on the ground that the petitioner ought to have made a claim for full tax rebate in the first instance and no such claim having been made would preclude it from doing so .....

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Advocate, while justifying the order, would submit that the question of rectification would not arise and it is a misconception on the part of the petitioner that they could file such a rectification application within a period of five years. Since the statute was clear even as on the date the claim was made and in the absence of any such claim, the petitioner now seeking to raise such a claim by hindsight, notwithstanding that it is only after the judgment was delivered by a division bench in .....

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