9911796707
TMI Blog2018 (5) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... 05.01.2012, passed by the Karnataka Appellate Tribunal, at Bangalore, the learned Tribunal has dismissed the appeal filed by the Assessee-petitioner with the following observations :- "11. Thus, the notification issued earlier on the strength of which the appellant was extended the benefit of exemption of CST was partially modified and a condition was put to the effect that exemption of tax granted in those earlier notifications shall be subject to the condition of furnishing of 'C/D' declaration forms issued by the buying dealer. In pursuance to the said Notification, the AA initiated re-assessment proceedings U/s. 9(2) of the CST Act read with section 12- A of the KST Act and denied the benefit of exemption of CST on inter state sales wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimed as a matter of right. The amendment of provisions of section 8(5) is prospective from 11/05/2002. After the amendment to section 8(5) the requirement of the conditions as laid down in sub section (4) of section 8 of the CST Act shall be mandatorily fulfilled by the assessee". Again at para 14 it is held "The assessment period relates to subsequent to amendment and to avail the exemption benefit the appellant ought to have fulfilled the requirements. It cannot stick on only to the conditions imposed earlier and ignore the additional requirements to be complied with..." Thus it could be seen that the Hon'ble High Court has upheld the re-opening of assessment in the case of M/s. Volvo India Private Limited. The facts and circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted before the Court that the Assessee-petitioner was entitled to avail the benefit of incentive on the basis of eligible investment made under the Certificate issued in favour of the petitioner for the capital investment of Rs. 231.48 Crores in terms of G.O.No.CI 41 SPI 96 dated 27.05.1996 and Notification issued vide No. FD 5 CSL 198 (I & II) dated 11.08.1998 to the extent of 80% of the investment made by it for a period of seven years. 3. The learned counsel for the Assessee urged that even though the rate of tax chargeable from the petitioner-Assessee could be higher as per Section 8(2) of the CST Act, 1956, in the absence of furnishing of prescribed declaration in forms C/D under CST Act, 1956, but the whole tax liabilit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le in the absence of prescribed declaration forms. The claim of the Assessee-petitioner of the higher tax liability on account of increased rate of tax admitted by them in the absence of declaration forms, deserves to be independently considered by the authorities under the Act including the learned Tribunal under the provisions of the Incentive Scheme for which the Assessee-petitioner held a proper Eligibility Certificate during the relevant Assessment period. 7. This aspect of the matter deserved to be considered by the learned Tribunal in the facts obtaining before it but the same was not considered . 8. In the facts and circumstances of the case, we deem it appropriate to remand the case back to the learned Tribunal for deciding the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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