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2016 (12) TMI 69 - KARNATAKA HIGH COURT

2016 (12) TMI 69 - KARNATAKA HIGH COURT - TMI - Denial of benefit of input tax credit - the Petitioner paid purchase tax under Section 3(2) of KVAT Act on the purchase of sand from unregistered dealers - the petitioner has not filed any revised return either within the prescribed period of 6 months or even thereafter and the claim for input tax credit is made for the first time only after the re-assessment proceedings were concluded - Held that: - the Tribunal has rightly held that as per the pr .....

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that the Apex Court has stayed the operation of the decision of this Court. - So far as the second contention for claiming tax credit though no reference whatsoever is made by separately showing the amount of tax in the Bills or tax invoice. - Petition dismissed - decided in favor of revenue. - STRP NO. 421 OF 2015 AND STRP NOS. 236-246 OF 2015 - Dated:- 19-10-2016 - MR. JAYANT PATEL AND MR. ARAVIND KUMAR JJ. PETITIONER: (BY SRI SHANKARE GOWDA M.N., ADVOCATE) RESPONDENT: (BY SRI T.K. VED .....

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Gowda M.N., the learned counsel appearing for the petitioner and Mr. T.K. Vedamurthy, the learned Government Advocate appearing for the respondent. 3. The petitioner assessee has raised the following substantial questions of law for the purpose of preferring the petition. 1. On the facts and in the circumstances of the case whether the Tribunal and the authorities below are justified in disallowing the benefit of input tax credit to the Petitioner when the Petitioner paid purchase tax under Sec .....

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VATE LTD., reported in 2014(80) KAR.L.J 65(HC) (DB) is carried before the Apex Court and therefore it could not be stated by the Tribunal that the issue is already concluded. It is submitted that, it is true that, as per the requirement of Section 35(4) the revised return is required to be filed within a period of 6 months but the contention of the learned counsel for the petitioner is that the outer limit of providing of 6 months is only a procedural aspect and if by other evidence it is satisf .....

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in STRP No.241/2011 and allied matters disposed off on 2nd September, 2013. It is submitted that this Court may consider the questions raised in the present petitions. Whereas the learned Government Advocate Mr. Veda Murthy appearing for the respondent contended that both the issues are already covered by the decisions of this Court, one as per the decision of this Court in the case of CENTUM INDUSTRIES PRIVATE LIMITED., supra and in another as per the decision of this Court in the case of M/s. .....

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ther information or evidence by the prescribed authority, (a) he shall furnish a revised return within the time prescribed for filing the return for the succeeding tax period; and (b) he shall furnish a revised return any time thereafter but within six months from the end of the relevant tax period, if so permitted by the prescribed authority. The aforesaid Section makes it clear that if there is any discovery of any omissions or incorrect statements other than as a result of inspection or any i .....

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ment of tax due on such return within 20 days or 15 days after the end of the preceding month or any other tax period as may be prescribed. Therefore, the statute provides the period within which a return is to be filed under Section 35(1), i.e., within 20 days or 15 days after the end of the preceding month. Sub-section(2) mandates that the tax on any sale or purchase of goods declared in a return furnished shall become payable within 20 days or 15 days as prescribed in sub- section (1) of Sect .....

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w. If in the return filed there is any omission or incorrect statement, a provision is made for filing of a revised return within the time prescribed. If the returns are not filed within the said period, then the assessee would not be entitled to the benefit of setting off output tax against the input tax. 12. It is contended on behalf of the assessee that, once input tax has been paid, by virtue of Section 10 the assessee is entitled to the rebate of the tax against the output tax notwithstandi .....

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or filing of the return under Section 35(1) of the Act and when a provision is made under Section 35(4) of the Act for filing of a revised return again prescribing a time-limit, when in sub-section (3) of Section 10 it is categorically stated that the input tax shall be accounted in accordance with the provisions of this Act, the assessee would not be entitled to the benefit conferred on him under sub-section (4) of Section 10, if it is not accounted for . If the facts of the present case are co .....

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TUM INDUSTRIES supra, no input tax credit would be available as claimed by the assessee. 6. In our view, the contention raised that the matter is pending before the Apex Court against the decision of the Centum Industries case supra and therefore this Court may not conclude on the question of law because the issue is already covered by the decision of this Court and it is not the case of the assessee that the Apex Court has stayed the operation of the decision of this Court. 7. So far as the sec .....

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low did not contain the details such as the rate and amount of tax charged in respect of taxable goods. Admittedly, the invoices produced on record show the price of the goods inclusive of all taxes. In view of this admitted fact the authorities below have rightly observed that Section 9 of the Act provides for collection of tax separately and therefore, the claim of the petitioner is unacceptable and devoid of any merit. Section 9 of the Act provides that every registered dealer who is liable t .....

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nvoice. If the invoice does not specify the amount of tax to be charged in respect of taxable goods, in our opinion, one cannot seek deduction, as prayed for by the petitioner. The Karnataka Appellate Tribunal (for short the KAT ) has considered this aspect in proper perspective in paragraphs-13 and 14, which read thus: 13. An analysis of the provisions of Section 9 of the VAT Act indicates that every registered dealer shall collect such tax at the rates at which he is liable to pay tax and the .....

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and it is not for the Tribunal to read down the rules, a taxing statute has to be strictly construed and nothing can be read in it. The intention of the Legislature in enacting the VAT Law is very clear that there should be transparency in the incidence of tax or the quantum of the tax paid on a commodity and to ensure the VAT chain. The argument of the counsel for the appellant cannot be accepted that it is permissible to bifurcate the tax from the value and to claim the benefit of deduction. .....

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