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TMI Blog2018 (5) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... EET KOTHARI J., The assessee, M/s S.B. Agencies, has filed this present revision petition under Section 65(1) of the Karnataka Value Added Tax Act, 2003 aggrieved by the order dated 31.01.2017 passed by the Karnataka Appellate Tribunal, Bengaluru in STA No.3350 to 3361/2013 (CH-7), M/s S.B. Agencies V/s The State of Karnataka, remanding the assessment proceedings for the period April-2006 to Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f sale as the case may be along with the account reflecting the trade discount and the actual price paid. Under the circumstance the conclusion arrived at by the authorities below on the basis of the interpretation of the statue is not sustainable. Since the books of accounts are not made available to this authority the facts are not borne out from records and we are unable to appreciate the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned counsel for the revenue supported the impugned order of the learned Tribunal and submitted that since the relevant of books of account were not produced before the assessing authority concerned and the Trade Discount given by the assessee to the purchasers by way of Credit Notes was not properly proved before the assessee authority, therefore the learned Tribunal was justified in rema ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee. 6. Since the learned Tribunal has clearly observed in para 12 quoted above that the books of accounts are required to be made available to the assessing authority with the relevant evidence for claiming the deduction from taxable turnover, we are not impressed with the submission made by the learned counsel for the assesee that the Tribunal itself ought to have undertaken the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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