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TMI Blog2018 (6) TMI 1704X X X X Extracts X X X X X X X X Extracts X X X X ..... even with respect to the additions made on the purchase suppressions deeming such purchases having been made from unregistered dealers? (ii) Whether the decision in Sulthan Gold International v. State of Kerala [2012 KHC 257] requires reconsideration?" 2. On facts, the assessment, with which we are concerned, is of July, 2006 coming within the assessment year 2006-2007. An inspection of the business premises was conducted and a shop inspection report prepared. The assessee accepted the offence and compounded the same. In the assessment proceedings for the purpose of best judgment assessment the crime file was taken note of. The suppression detected with respect to the unaccounted sales as discernible from the SIR was added to the total t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , however, do not think that there can be any undue significance placed on the words 'tax paid' in the provision. Even in a case where there is no suppression detected; the assessee on the basis of the purchases made and sales effected in a month files the return before the 10th of the next month. The rebate is claimed in the return and only the net tax is paid. A dealer making purchases and selling the entire quantity in a month would show the purchase tax liability and the tax payable on sale in the returns. However, he does not have the liability to pay both, since the net tax payable would be the total tax payable on sale and on purchase minus the tax payable on purchase. This is a circumstance very much in contemplation and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in a prohibition of special rebate, when best judgment assessment is resorted to; which is not brought in. 8. We also do not see any analogy that can be drawn from Venus Marketing. Venus Marketing was with respect to the input tax credit claimed by a presumptive dealer. With respect to presumptive dealers, there is a specific prohibition, in claiming input tax credit under Section 11 of the Act of 2003. In the case of persons, who switch over from the presumptive regime to regular tax payment, there is an enabling provision under Rule 12 of the Kerala Value Added Tax Rules, 2005. An assessee, who is under the presumptive regime is to make an application pointing out his intention to changeover and from that time onward the assessee is en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t independent of the provisions of Section 11. the set off so provided is in the nature of a concession. It is a benefit conferred on the assessee quite in harmony with the scheme of multi point levy of tax but confined to the value addition at each stage. The determination of the quantum of such credit from the books of accounts postulates proof of taxsufferance in the purchase, the levy and collection of tax on the value addition at the subsequent sale and ensures such levy and collection at the point of any subsequent sale too. It constitutes a chain and any break would result in chaos. Hence the stipulations that the claim should be made with reference to the return period and the quantum should be determinable from the books of account ..... X X X X Extracts X X X X X X X X Extracts X X X X
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