9911796707
TMI Blog2016 (4) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... arnataka Value Added Tax Act, 2003 (Hereinafter referred to as the 'KVAT Act', for brevity) and is engaged in the manufacture and sale of sunflower oil, groundnut oil and soya oil, by employing solvent extraction process out of sunflower cake, groundnut cake and soya seeds. While oil is liable to tax and the by-product de-oiled cake is exempted from tax under entry Serial No.5(ii) of the First Schedule to the KVAT Act. The petitioner claims that returns of turnover in Form VAT 100 for the tax periods April 2008 to March 2009 were filed compiled on the basis of books of account 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he law and according to the petitioner, would always have been applicable to all assessments made prior to and after the date of the said judgment. Therefore, the petitioner has filed an application under Section 69(1) relating to the tax period April 2008 to March 2009 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, since such a claim could have been made only within a period of six months and not beyond that and hence, the question of considering the case of the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t they would have been penalized for making such a claim and it is only on the legal position being settled by a decision of a division bench of this court that the benefit available to the petitioner has dawned on the petitioner and therefore, the rectification application was justified. 7. The point for consideration would be 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. In the above circumstances 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 revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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