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TMI Blog2017 (3) TMI 1491X X X X Extracts X X X X X X X X Extracts X X X X ..... s to take input tax credit on the basis of such tax invoices. Since running bills are prepared during the currency of the execution of contract itself since the final bill is not made at that point of time. There is no reason to hold that the Karnataka Water Board, in question, is not a Department of the Government or so as to fall outside the ambit and scope of the said Proviso to Rule 27(2) of the KVAT Rules - revision dismissed - decided against Revenue - S.T.R.P. No. 100023/2016 - - - Dated:- 15-2-2017 - DR. VINEET KOTHARI, J PETITIONER: (BY SRI M. KUMAR, GOVERNMENT ADVOCATE) O R D E R 1. This Sales Tax Revision Petition has been filed under Section 65 of the Karnataka Value Added Tax Act, 2003 (for short, the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der:- (3) The deduction under sub- section (1) shall be made by an authority on the basis of tax payable as calculated by the dealer. ORDER 1) Appeal is allowed in part. 2) It is held that the RA Bills prepared by the Board are to be construed as tax invoices for the purpose of computing the tax collected amount. 3) It is further held that the actual tax deducted at source in the RA Bills as the amount of tax collected for the purpose of deduction under Rule 3(2)(h). 4) The matter is remanded to the assessing authority to examine the RA Bills to allow such deductions as held above. 5) The Registrar of the Tribunal is directed to comply regulation 53 (b) of Chapter IX of Karnataka Appellate Tribunal Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nataka Water Board, which is creation of a Statute, namely Bangalore Water Supply and Sewerage Act, 1964, cannot be treated as Government within the meaning of said Proviso to Rule 27(2) of the KVAT Rules. The purpose of the said Proviso giving the status of Tax Invoices or Bill of Sale even to the Running Account Bills to the awarders of the work contract to be executed by contractors by the Government or its departments is obviously to allow such contractors to take input tax credit on the basis of such tax invoices. Since running bills are prepared during the currency of the execution of contract itself since the final bill is not made at that point of time. The said Proviso in Rule 27(2) of the KVAT Rules was enacted by the State ..... X X X X Extracts X X X X X X X X Extracts X X X X
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