9911796707
TMI Blog2019 (5) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... challenge in this Writ Petition is the revisional order passed by the Deputy Commissioner (CT), Kakinada dated 16.07.2018, revising the assessment order passed by the assessing authority, and in levying tax of Rs. 1,59,49,504/- on a turnover of Rs. 10,99,96,577/- for the tax period 01.04.2011 to 30.11.2012, under the Andhra Pradesh Value Added Tax Act ("the A.P. VAT Act" for brevity), as arbitrary and illegal. By his endorsement dated 07.02.2018, the revisional authority called upon the petitioner to submit the sale details in respect of exempted, CST sales, purchase sales, special rate sales, 4% sales, 5% sales, 14.5% sales (product category wise), a comparative statement of the sales reported in the VAT returns with the annual audit re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within the State and inter-State sales, the revisional authority observed that the Profit and Loss account was prepared by the Chartered Accountant; while preparing the annual report of the firm for the year 2011-12, the Chartered Accountant had not bifurcated the total sales turnover as indicated in the table; the break-up of the turnover was treated as an after-thought; and the dealer had not filed recorded evidence such as the sales ledger, the sales bills etc. in support of the said turnover. Holding that the burden, of proving that the sales effected by them was not liable to tax, was on the dealer under Section 16 of the A.P. VAT Act, the revisional authority confirmed the levy of tax, as detailed in the show cause notice, and opin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order, he would fairly state that, in case his submissions were found not acceptable, this Court may consider setting aside the order of the revisional authority, and remanding the matter for his consideration afresh instead of admitting the Writ Petition and granting stay. The annual report of a company is submitted by the Board of Directors to the shareholders of the company, enclosing thereto the annual accounts of the company certified by a Chartered Accountant. Failure to furnish the break-up of sales in the Profit and Loss account, which forms part of the annual report, would not, by itself, justify treating inter-State sales as intra-State sales and levying VAT thereon. While it is no doubt tru that the burden is on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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