9911796707
TMI Blog2018 (3) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... such as ours. Although taxing statutes must receive a strict interpretation, designed as they are to exact money from a citizen so as to finance Government expenditure, the interpretation cannot be a reckless one, mindless of the probable impact that it could have on tax paying assessees or, as in the instant case, members of the trading community. To err is human, more so in accountancy, and unless it is established that the accounting lapse was the result of a willful omission or suppression with an intent to evade tax, the trade tax authorities in a civilized society should give due regard to the dignity of the members of the trading community and be more accommodative to reasonable requests for regularising technical omissions with a vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e annual return for the assessment year 2012- 12, so as to incorporate details of the transactions that were omitted to be included while filing the original return. 3. A statement has been filed on behalf of the 1st and 2nd respondents, wherein, after referring to the omissions occasioned by the petitioner, it is stated that the respondents did not grant permission to the petitioner to revise the returns, since, the time permitted under the Statute, for revising returns, had already expired. It is contended that the limitation provisions under the Statute have to be strictly construed, and a belated request for revising a return is not maintainable, more so, when a revision of the return would lead to an alteration of the turnover and tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferential tax, he might lay claim to the input tax credit of tax paid on purchases that were not reported, cannot, in my view, be a ground to deny the petitioner the opportunity to come forward and rectify an anomaly in the returns, so as to ensure a compliance with the statutory provisions. The statutory provisions which deal with the revision of returns, and the procedure to be complied there for, are to be found in Sections 22, 31 and 42 of the KVAT Act and Rule 22 of the Kerala Value Added Tax Rules [hereinafter referred to as the 'KVAT Rules']. A perusal of the said provisions would indicate that an opportunity is granted to an assessee to revise returns, on his detecting omissions, and then, if no objections are raised by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit, based on their compliance with the statutory provisions. 7. It has to be borne in mind that, under the KVAT Act and Rules, the grant of input tax credit removes the cascading effect of a tax on tax, in the chain of transactions leading up to the sale to the ultimate consumer. Thus, the grant of the said concession to a dealer is ultimately with the object of benefiting a consumer, who ought not to be saddled with a liability more than the price of the product together with the applicable taxes thereon. When there is a proper payment of tax by a dealer, after due compliance with the statutory provisions, the concession that is granted to him by the Statute matures into a right to claim the concession, since he establishes himself as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
