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TMI Blog2019 (3) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... On the question of refund of excess input tax credit on the close of the year also the Assessing Officer verified the documents and held against the assessee. The said order has been upheld in first appeal and is said to be now pending before the Tribunal. We are dismayed that the Assessing Officer, despite an order of the first Appellate Authority confirmed by the Appellate Tribunal, has thought it fit to decline the claim of input tax credit on the opening stock on a verification of the documents. We see from the order of the first Appellate Authority that the documents were verified and the same found to be available in the records at specific pages as mentioned therein and then directed that the refund order would be restored. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in force. The Kerala Value Added Tax Act permitted such claim of input tax credit for the opening stock of the assessee, which were processed and sold in the subject year; in which the VAT regime was first introduced. 2. The other claim was with respect to the refund of input tax credit on the close of the year, ie:31.03.2006. This is enabled on production of Form 21CC and Form 21B, respectively of excess input tax credit in the year and the inter-state transactions, which are supported by C-Forms. The Assessing Officer having allowed the refund on both the heads by Annexure-A, subsequently when assessments were completed, declined the same and sought reversal of the earlier order of refund. 3. An appeal was filed by the assessee aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aim of input tax credit on the opening stock on a verification of the documents. We see from the order of the first Appellate Authority that the documents were verified and the same found to be available in the records at specific pages as mentioned therein and then directed that the refund order would be restored. There is no scope for further verification by the Assessing Authority and the issue stands finalised in first appeal. 8. In such circumstance, there can be no remand on that particular issue and the Assessing Officer ought not to have looked into that. The Assessing Officer ought to have issued a modified order maintaining the order of refund on that issue atleast. We do not find any reason to interfere with the order of the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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