TMI Blog2006 (1) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant is a company incorporated under the provisions of the Companies Act, 1956. It has its registered office in the State of Karnataka. It is engaged in the activity of importing information Technology products and effecting sales of same locally as well as in the course of inter-State trade and commerce. 3. The appellant company is also a dealer registered under the provisions of the Karnataka Sales Tax Act, 1957 ('KST Act' for short) and the Central Sales Tax Act, 1956 ('CST Act' for short). 4. The appellant company had approached the authority for Clarification and Advance Ruling by filing an application dated 22/26.4.2004. The clarification, that was sought for by the appellant company in the application wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsaction which is a sale in the course of import, would be includable in its taxable turnover? 7. Now, it is the settled legal position, that under Section 4 of the KST Act, 1957, the Advance Ruling Authority can only clarify the rate of tax applicable under the Act in respect of any goods liable to tax under the Act or the exigibility of any transaction to tax under the Act, on an application by a dealer registered under the Act. 8. Under Section 4 of the Act, in too many places, the legislature has specifically used the expression under the Act . It only means, that a query can be raised and answered by the Advance Ruling Authority under the provisions of the KST Act. 9. As we have already noticed, the query posed by the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER I. Without going into the merits or demerits of the appellant company's case, the appeal is disposed off. II. The appellant company is permitted to make an appropriate application, if it so desires, before the Advance Ruling Authority, as provided under Section 4 of the Act r/w Rule 27 of the Karnataka Sales Tax Rules. III. Liberty is also reserved to the appellant company to produce such material, which are available with it including the material produced before this Court, before the Advance Ruling Authority. IV. If and when, such an application is filed by the appellant company, the Advance Ruling Authority is directed to consider the same without being influenced by any one of its observations, findings, conclus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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