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TMI Blog2016 (6) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... ccepted or not. It is a different matter that for valid reasons, he may discard such a restricted claim too. But in any case, it was obligatory on his part to record the reasons. Order set aside - Matter remanded back. - S.T.A. No. 8/2016 & S.T.A. Nos. 67-77/2016 - - - Dated:- 10-3-2016 - MR. JAYANT PATEL AND MRS. B.V.NAGARATHNA JJ. For the Appellant: Sri Harish V.S., Advocate For the Respondent: None JAYANT PATEL J., J U D G M E N T Admit. 2. Mr.Vedamurthy, learned Government Pleader appearing for respondent waives notice of admission . 3. With the consent of learned counsel appearing on both sides, appeals are finally heard. 4. The present appeals are directed against order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Harish, learned counsel appearing for the appellant and Mr.Vedamurthy, learned Government Pleader appearing for the respondent. 8. The principal contention advanced on behalf of the appellant was that the reasons are recorded to deal with the contention that whether input tax credit should be made permissible to the extent of 2% or 4% even if the returns were to be discarded and the re-assessment was to be undertaken. It was also submitted that again st the same assessee, the very revisional authority had passed orders in respect of each assessment period and the y were carried before this Court in appeal in STA Nos.6/20 16 11-21/2016 and this court vide order dated 18/2/201 having found that the most vital aspect of the case wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the said reproduction of the reply at paragraph Nos.20 to 22, it is mentioned as under: 20. Further we submit that except Commissioner, other departmental authorities has no power to change the application of the formula, as prescribed under sub-rule (5) rule 131 of the KVAT Rules, 2005, which is reproduced as under: where in the case of any dealer, the Commissioner is of the opinion that the application of the formula prescribed under clause (3) does not give the correct amount of deductible input tax, he may direct the dealer to adopt a special formula as he may specify 21. In view of the above submissions, we hereby contend that, any deviation in application of formula as prescribed under rule 131 is not acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... card such a restricted claim too. But in any case, it was obligatory on his part to record the reasons. Such requirement of recording reasons would be applicable in a greater degree in a case where the power is exercised by the revisional authority, which is a quasi judicial power. 13. In view of the above observations that no reasons are recorded on the vital and crucial aspects of the matter, we find that the impugned order passed by the revisional authority cannot be sustained in the eye of law. Hence, the impugned order is set aside with a further direction that the revision proceeding shall stand restored on the file of the revisional authority. The revisional authority shall reconsider the matter in light of the observatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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