TMI Blog2020 (1) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... r impugned - HELD THAT:- It is apparent that the assessment order impugned is made on the annual basis relating to the tax periods, April 2009 to March 2010. A reading of provisions of Rule 37 of of KVAT Rules and Section 38(7) of of KVAT Act makes it clear that the authority authorized by the Commissioner is empowered to assess to the best of its judgment for the tax period or periods that wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PONDENT: SRI T.K.VEDAMURTHY, AGA. ORDER The petitioner has challenged the order dated 27.03.2018 passed by respondent No.1 under Section 38(7) read with Sections 72(5) and 36 of the Karnataka Value Added Tax Act, 2003 ( Act for short) for the tax periods April 2009 to March 2010 and consequential demand notice issued relating to the tax periods in question. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Rule 37 of the Karnataka Value Added Tax Rules, 2005 defines tax period as under: 37. Tax period.- The tax period for the purpose of Section 35 shall be as follows, namely.- (1) In the case of registered dealers, other than those dealers opting for payment of tax by way of composition under Section 15, whose total turnover in a year does not exceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... makes it clear that the authority authorized by the Commissioner is empowered to assess to the best of its judgment for the tax period or periods that would apply to such dealer. It is incumbent on respondent No.1 Authority to assess/re-assess the dealer for the tax period or periods which would be a calendar month in the present set of facts. No consolidated assessment on annual basis is justi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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