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TMI Blog2019 (2) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... e Kerala Value Added tax Rules, 2005 - Held that:- We do not think that the aforesaid provision would apply especially since it is on audit assessment. However, the general scheme of best judgment assessment, which is indicated from the above provision would be applicable even if it is not an audit assessment - We are of the opinion that the matter has to be re-done by the Assessing Officer (AO) c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not the order of the Appellate Tribunal a non-speaking one having not considered the contentions in their true perspective ? (b) Has not the Appellate Tribunal failed to notice that the application of the annual ratio of total production/stock transfer value to determine reverse tax is illegal when the goods are purchased and input claimed/stock transfer effected on a monthly basis ? Qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). However, in the assessee's case, there are consignment sales where there is no tax effect and under section 11 of the Act, proportionate raw material purchase and the tax paid cannot be claimed as input-tax credit. The assessee has purchases on monthly basis and also makes sales on monthly basis. The return period as per the Act is a month, since the assessee is obliged to file returns befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e very next month. In such circumstances, the assessee's contention is that even if a single order is passed on best judgment assessment, the computation has to be on a monthly basis. 4. The assessee has relied on sub-clause (iv) of rule 39(5) of the Kerala Value Added tax Rules, 2005 ( the Rules , of short) which speaks of a best judgment assessment for a particular year relating to more t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered the issue at all and there is total lack of application of mind. We would have normally referred the matter back to the Tribunal, but however, on the answer to the other questions of law raised, we are of the opinion that the matter should be considered by the AO itself. We answer the second question of law framed in the memorandum, against the Revenue and in favour of the assessee. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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