9911796707
TMI Blog2016 (10) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... only through Exts.P5 series of letters dated 10.12.2015. This was admittedly beyond the period of three months, that is granted under Section 22(10) of the KVAT Act. Inasmuch as the petitioner did not comply with this requirement of filing revised returns in respect of the tax amount not paid under Section 6(2), no fault found with orders passed by the 1st respondent, cancelling the permission granted to the petitioner for payment of tax under compounded rate. Completion of assessment as per best judgement basis under Section 25(1) of the KVAT Act - Held that: - the respondent assessing authority would have to consider the specific claim of the petitioner for the grant of input tax credit/rebate of taxes paid under Sections 6(1) and 6(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, after having compounded the offence of non payment of that tax during the relevant assessment years in terms of Section 74 of the KVAT Act. Counsel for the petitioner submits that in terms of Section 22(10) of the KVAT Act, the dealer has an option of filing a revised return, incorporating therein details of the amounts that he had not paid by way of tax, and on the said returns being filed, the assessment should be completed by taking into account even these payments, which the petitioner has made subsequently. It is therefore, the contention of the petitioner that the marginal delay occasioned in approaching the respondents for revising the returns in accordance with Section 22 (10) of the KVAT Act, should be condoned and Exts.P7 seri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... majority of the transaction, the fact remains that the entire purchase tax liability under Section 6(2) was not initially discharged by the petitioner. No doubt, the petitioner had compounded the offence departmentally, and by virtue of the provisions of Section 22(10) of the KVAT Act, the petitioner had an option of filing a revised return within three months from the date of the compounding order, so as to include even the amounts inadvertently omitted, in the returns to be filed before the authorities. I note in this connection, that the first communication by the petitioner to the respondents, brining to their notice the fact of non filing of returns and seeking a permission to file revised returns in accordance with Section 22 (10) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner, I make it clear that the respondent assessing authority shall complete the proceedings pursuant to Exts.P8 series of notices, only after giving the petitioner two weeks time from the date of receipt of a copy of this judgment, to prefer a detailed reply to Ext.P8 series of notices, and considering his objections on merits at the time of the personal hearing to be granted to the petitioner. The respondent assessing authority shall also take note of the contention of counsel for the petitioner that there is no pattern of suppression noticed in the instant case. The 1st respondent assessing authority shall pass orders consequent to Exts.P8 series of notices, after observing the aforementioned procedural formalities, within a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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