TMI Blog2016 (12) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... ention 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. VEDAMURTHY, AGA) JAYANT PATEL J ORDER These petitions arise from the common order passed by the Tribunal whereby the Tribunal for the reason s recorded in the order has allowed the appeals in-pa rt by remanding the matter to the assessment authority with the further observation that the appellant is not entitled to the input tax credit and the appellant is also not entitled for deduction of tax as the same has not been collected separately in the RA bills/tax Invoices. 2. We have heard Sri Shankare 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. We may record that Section 35(4) of the KVAT Act reads as under:- 35. Returns (1) xxx xx (2) xxx xx (3) xxx xx (4) If any dealer having furnished a return under this Act, other than a return furnished under sub-section(3) of Section 38, discovers any omission or incorrect statement therein, other than as a result of an inspection or receipt of any other 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 information or evidence by the prescribed authority the assessee m ay furnish revised return within the outer limit provided of 6 months from the end of the respective tax period, i f so permitted by the prescribed authority. The effect of aforesaid provision came to be considered by this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 considered in the light of the aforesaid legal position as contended by the learned counsel for the petitioner in the present case, 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. Hence, the Tribunal has rightly held that as per the provisions of Section 35(4) read with the decision of this Court in the case of CENTUM 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection of tax at the prescribed rates and the taxes collected shall be accounted. There is no merit in the argument that the sale price including tax can be bifurcated into tax amount to determine the taxable turnover. The Rule 3(2)(h) is very clear 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. It is specifically stated that the provisions of Section 9 read with Sections 10(4), 29(1) and Rule 3(2)(h) that taxes separately collected alone are liable for deduction under the scheme of VAT. Therefore the claim of the appellants counsel to allow deduction in respect of taxes not collected in the invoices is not permissible and the provisions do not warrant such an interpretation. 14. However if the Act provides for bifurcation of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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