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2016 (12) TMI 64 - Karnataka High Court

2016 (12) TMI 64 - Karnataka High Court - TMI - Valuation - sale turnover - Section 62(6) of the KVAT Act - cost of the sale of items, other than liquor, would be approximately 50% and accordingly, the tax was assessed and penalty was also imposed at the rate of 10% - jurisdiction of revisional authority - Held that: - The records show that the Assessing Officer assessed at the rate of 50% of the total sales without considering any margin of profit whereas the first appellate authority assessed .....

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d satisfactory reasons are recorded to arrive at the factual conclusion as to whether figures arrived at by the assessing officer was correct or not and consequently, the finding recorded is without proper reasons being assigned by the revisional authority - the impugned order passed by the revisional authority is set aside and the matter is remanded to the revisional authority on the limited point of examination about the proportion of sale of food and drink items which is subject to VAT. After .....

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e may be permitted to operate the bank account, subject to final order which may be passed by the revisional authority. - Appeal disposed off - decided partly in favor of appellant, only on the issue of attachment of bank property. - STA No. 124/2016 - Dated:- 1-4-2016 - MR. JAYANT PATEL AND MRS. B.V. NAGARATHNA JJ. APPELLANT: (BY SRI.MALLAHARAO. K, ADV.) RESPONDENTS: (BY SRI. K.M. SHIVAYOGI SWAMY, AGA) JUDGMENT JAYANT PATEL J. The present appeal is directed against order dated 30.11.2015 pa .....

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t year 2010-11. On 4.1.2011 inspection was made of the place of business of the appellant in the name and style of M/s. Ronn Inn Family Restaurant . At that time the Manager Sri. Thomas K. George, was present. His statement was recorded of providing liquor as well as vegetarian and non-vegetarian food to its customers. Certain bills were also recovered. On 2.2.2013 the third respondent proposed to levy tax on the basis of the inspection report and therefore, issued notice. On 30.8.2013, the thir .....

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f the items, other than liquor, would be approximately 10% of the total sale. The first appellate authority accepted the figure submitted by the appellant for the sale of liquor as well as for sale of food items and ultimately partly allowed the appeal by modifying the order of assessment. Against the said order of the first appellate authority, the matter was taken up in revision under Section 64(1) of the KVAT Act. The revisional authority found that the exercise of power by the first appellat .....

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and Mr.K.M. Shivayogi Swamy, learned Additional Government Advocate for the respondent. 4. As such, the reasoning of the revisional authority is recorded at Para 4 and on perusal thereof shows that the revisional authority is right to the extent that the first appellate authority, without verifying the correctness of the sale of food and drinks ought not to have accepted the figure submitted by the appellant. But, it further appears that the revisional authority has not recorded reasons as to w .....

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ny margin of profit whereas the first appellate authority assessed at 10% by accepting the exempted figure of sales of liquor. Since the judicial scrutiny of the present appeal insofar as this Court is concerned has to be limited to the question of law and the fact finding inquiry cannot be undertaken by this Court. We find that the matter should be relegated to the revisional authority to undertake such exercise as it is the ultimate fact finding authority. Hence, we find it appropriate to inte .....

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