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M/s Gayathri Exports, Importers, Exporters & Processors of Cashew, Versus The Assistant Commissioner of Commercial Taxes,

2016 (6) TMI 62 - KARNATAKA HIGH COURT

Declining to issue Form H declarations - Limitation of assessment - Section 40 of the Karnataka Value Added Tax Act, 2003 - Export obligations are fulfilled and receipt of income in foreign currency - Held that:- the learned Government Advocate would submit that the impugned order is an appealable order and hence, the present petitions are misconceived, however, the endorsement issued merely claiming that the petitioner is not entitled to such Form H declarations when there is no legal presumpti .....

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o:p> For the Respondent: Shri S.V.Giri Kumar, Advocate ORDER The learned Government Advocate is directed to take notice for the respondents. 2. The petitions coming on for preliminary hearing are considered for final disposal. 3. The petitioner is said to be a manufacturer of cashew kernels and also an exporter having the necessary licence from the statutory authorities to export goods outside the territory of India. The petitioner claims to h .....

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ration in foreign currency vide export bill payment advice da ted 4.5.2007. The same has been accounted in the books of account of the petitioner and is disclosed in the returns of turnover filed for the tax period May 2007. The petitioner, under the contract, was said to be under an obligation to furnish Form H declarations to M/s S M Minerals, Davanagere, provided M/s S M Minerals supplies the agreed quantity of iron ore. The petitioner claims to have paid certain amounts in advance to M/s S M .....

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while, M/s S M Minerals has demanded furnishing of Form H declarations, but, the petitioner was advised not to furnish the declarations in order to pressurize M/s S M Minerals to repay the pending amounts. Therefore, M/s S M Minerals filed a suit seeking mandatory injunction against the petitioner to supply Form H declaration, which was dismissed on the ground that the parties should have their dispute adjudicated under the provisions of the Arbitration and Conciliation Act, 1996, since the agre .....

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spondent had, however, issued an endorsement dated 22.12.2015 declining to issue Form H declarations on the ground that the limitation of assessment prescribed under Section 40 of the Karnataka Value Added Tax Act, 2003 did not enable initiation of reassessment proceedings for the tax period 2006-2007, therefore, the petitioner s prayer could not be considered. 5. The impugned endorsement, according to the petitioner, is without application of mind and without authority of law. Rule .....

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