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TMI Blog2012 (7) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... horities in the State of Karnataka. Hence, the assessee is entitled to claim the benefit of deferment of sales tax for the relevant assessment year - Further no materials are produced by the Revenue to suggest that the certificate granted by the Joint Director is withdrawn or cancelled - in favour of the assessee. - ITA No.1796/Ahd/2010 - - - Dated:- 8-6-2012 - SHRI D. K. TYAGI, AND A. MOHAN ALANKAMONY, JJ. Appellant by Shri K. Madhusudan, Sr. DR O R D E R PER A. MOHAN ALANKAMONY: The revenue has filed this appeal aggrieved by the order of the learned CIT(A)-XI, Ahmedabad in appeal No. CIT(A)/XI/1020/2009-10 dated 19-03-2010, for the assessment year 2007-08. 2. Though the Revenue has raised three ground in its appeal t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B of the Act and therefore disallowed Rs.3,80,03,537/- being deferment of sales tax and added the same to the income of the assessee. 4. The assessee carried the matter in appeal before the learned CIT(A). The learned CIT(A) considering the facts and circumstances of the case as well as his earlier decision in the assessee s own case for the AY 2006-07 and the decision of ITAT Ahmedabad B Bench in assessee s own case in ITA No.1500/Ahd/2009 dated 07-08-2009 for the AY 2003-04 allowed the assessee s appeal on this issue. 5. Aggrieved by the order of the learned CIT(A), the revenue is in appeal before us. 6. None appeared on behalf of the assessee. We have heard the learned DR and carefully perused the material available before and we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and where liability equal to the amount of any such tax payable by such dealer has been created as loan by the Department of Industries and Commerce, Government of Karnataka, then such tax shall be deemed, in public interest, to have been paid. (2) Notwithstanding anything contained in this Act, the deferred payment of tax under sub-section (1) shall not attract penalty under clause (ii) of subsection (2) of section 13, provided the conditions laid down for payment of the tax deferred are satisfied." Based on the above amendment, vide letter No.8.7.2003 issued by the Joint Director, District Industries Centre, Belgaum issued a certificate (copy placed on record), wherein inter alia mentioning in paragraph 13 as follows: "13. That the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the appeal of the revenue wherein it was observed as under: 3.1 Since in the past as well, the Respected Co-ordinate Bench has affirmed the view of the Learned CIT(Appeals), therefore, we have no reason to take any other view to follow the same records. Identically for this year as well we hereby uphold the order of the Learned CIT(Appeals) and dismiss this ground of the revenue. 6.2 Further from the above decisions it is clear that Joint Director, District Industries Centre, Belgium, Karnataka had issued a certificate stating that the unit is eligible to avail sales tax deferment both KST and CST for a period of eight years with effect from 14-12-2001. This shows that this unit of the assessee is eligible for the benefit of def ..... X X X X Extracts X X X X X X X X Extracts X X X X
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