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TMI Blog2016 (6) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... ered dealer under the provisions of the Act and is engaged in the manufacture of cement and ready mix concrete and semi finished products being input to other cement manufacturing companies/units viz., clinker. 3. For the assessment year 2006-07, the assessing authority after scrutinising the returns with reference to books of accounts and evidences produced by the petitioner concluded the reassessment proceedings under Section 39(1) of the Act disallowing input tax credit on the capital goods claimed at Rs. 18,06,533/-. The petitioner filed the application under Section 69(1) of the Act seeking rectification of the order of re- assessment passed under Section 39(1) of the Act. The assessing authority rejected the rectification application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e input tax credit when the assessee is entitled to the input tax credit in terms of Section 12 of the Act. 6. Per contra, learned Government Advocate Sri Syed Habeeb appearing for the revenue justifying the order passed by the Tribunal contends that Form VAT 170 filed by the assessee discloses the purchase of goods in the year 2005-06, the assessments were concluded for the year 2005-06 rejecting the input tax credit against which the assessee had preferred appeal before the First Appellate authority. The First Appellate Authority rejected the appeal confirming the order of appellate authority disallowing the input tax credit on capital goods claimed by the assessee which has reached finality, as such, the assesse is not entitled to carry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtly for use in the business of taxable goods. 2. Deduction of input tax under this Section shall be allowed only after commencement of commercial production, or sale of taxable goods or sale of any goods in the course of export out of the territory of the Indian by the registered dealer (x x x x x). Rule 133 of the Karnataka Value Added Tax Rules provides for deduction of input tax under Section 12 which shall be subject to the following conditions: 133. Capital goods scheme - (1) Deduction of input tax under section 12 shall be subject to the following conditions. a) Xxxx b) Xxxxx c) Xxxxx d) Xxxx e) The deduction shall be claimed by the dealer in his monthly return: Provided that any balance of deduction of input tax in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -07, relied on the order of the First Appellate Authority passed for the year 2005-06 whereby, the said claim was rejected which had reached finality. It is held that no reconsideration of the concluded issue is warranted and the claim is not maintainable. Thus, the claim of input tax credit was negated which cannot be found fault with. There is no provision under the Act and Rules to carry forward the rejected input tax credit to the subsequent year. The claim made by the assessee is not in consonance with Section 12 of the Act read with Rule 133(e) and the proviso thereto. Given the circumstances, we do not see any illegality or infirmity in the order passed by the Tribunal. Accordingly we answer the question of law in favour of the reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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