9911796707
TMI Blog2010 (4) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the petitioner had utilized the invalid C forms in order to claim concessional rate of tax. Moreover, in the absence of there being any proof that the purchasing dealer had ceased to exist on July 1, 2002 and that the said fact was within the knowledge of the petitioner herein in the absence of such circumstances, the authorities had to levy tax at the concessional rate of four per cent on the basis of the C forms relied upon by the assessee and further the proceedings initiated with regard to the levy of penalty is also not in accordance with law. For the aforesaid reasons, the orders passed in the instant case are set aside and the petition is allowed. - 1 of 2009 - - - Dated:- 22-4-2010 - MANJUNATH K.L. AND NAGARATHNA B.V. , ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o furnishing C forms as provided under section 8(1) read with section 8(3) of the CST Act. The petitioner produced the said C forms and claimed that tax on the turnover supported by C forms has to be at concessional rate of four per cent. The assessing authority, however, granted the concessional rate of tax for the turnover up to June 30, 2002 at four per cent and for the subsequent period levied full tax at 15 per cent by holding that the buyer had cancelled its certificate of registration with effect from July 1, 2002 and therefore C forms issued by it to the petitioner for the period subsequent to July 1, 2002 were invalid and accordingly completed the assessment order dated January 30, 2006. Being aggrieved by the said order, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Tirupati and the assessee could not be penalised for producing C forms which were issued by the registered dealer at Tirupati in respect of the goods which were purchased subsequent to July 1, 2002, if really the said dealer had cancelled its registration on the said date. Therefore he submits that the orders of all the authorities as well as the Tribunal have to be set aside and penalty levied on the assessee has to be dropped and the concessional rate of tax has to be applied in the instant case. Per contra, the learned Government Pleader, while supporting the orders passed by the Tribunal and other authorities, has stated that when once the dealer at Tirupati had ceased to exist with effect from July 1, 2002, the C forms could not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he duty of the purchaser to have informed the petitioner about its ceasing to be in existence and thereby not issuing C forms. The petitioner has utilized the C forms issued by the registered dealer who is a purchaser based on the fact that the said purchaser has been in existence and has validly issued the said forms. Therefore the authorities could not have been held that the petitioner had utilized the invalid C forms in order to claim concessional rate of tax. Moreover, in the absence of there being any proof that the purchasing dealer had ceased to exist on July 1, 2002 and that the said fact was within the knowledge of the petitioner herein in the absence of such circumstances, the authorities had to levy tax at the concessional ra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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