9911796707
TMI Blog2014 (9) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Commercial Tax (Appeals) dated 27-07-2009 and the order of the Assessing Authority dated 30-07-2008 have been confirmed. In these revision petitions, though the petitioners framed six questions of law, the revision petitions were admitted to consider the following two questions of law: "(i) Whether notification No.FD.300.CSL.05 dated 24.10.2005 as it stood during the period from 24.10.2005 to 31.7.2007 is applicable to the sale of used cars by all dealers or does it apply only to dealers engaged in purchase and sale of the used cars ? (ii) Whether the Hon'ble Karnataka Appellate Tribunal was right in law in dismissing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner-assessee placed heavy reliance upon the notification dated 24-10-2005 issued by the Government of Karnataka in exercise of the powers conferred on it by sub-section (3) of Section 4 of the Karnataka Value Added Tax Act, 2003 (for short "the Act"), whereby, the Government reduced with immediate effect, the tax payable by a dealer under sub-section (1) of section 4 of the Act on the sale of used car to 4% of the difference between the taxable turnover in respect of such sale and the amount paid towards purchase of said car subject to the following conditions : (i) no deduction of input tax is claimed by the dealer in respect of purchase of any goods used in the car sold; and &n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not satisfied by the assessee. The fact remains that the assessee did not have any occasion/reason nor did the authorities below granted an opportunity to the petitioner-assessee to place on record the materials to satisfy whether they fulfilled both the conditions in the notification. The claim of the assessee, as observed earlier, was rejected on different grounds. 6. In view thereof, learned counsel for the parties fairly stated that without recording further reasons the matter may be remanded to the Assessing Authority for a limited purpose to see whether the assessee satisfy both the conditions stipulated in the notification. Learned counsel for the petitioner-assessee while making such prayer fairly stated that the assessee shall not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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