9911796707
TMI Blog2021 (10) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to the industrial policy 1996-2001, Government of Karnataka issued a notification bearing No.FD:32 CSL 96(II) dated 15.11.1996 under Section 19-C of the KST Act providing for tax exemptions or deferrals. Similarly, a corresponding notification dated 15.11.1996 was also issued under 19-C of Act read with Section 9 (2) of CST Act. The said notification issued under the CST Act exempted/deferred the tax payable under CST Act in respect of goods manufactured and sold in the course of inter-state trade and commerce by industrial units which are eligible and opted for the benefit prescribed under the notification dated 15.11.1996 issued under KST Act - The assessee had utilized FAVC tax exemption to a certain extent up to 01.04.2002. In the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 17-9-2021 - HON BLE MRS.JUSTICE S. SUJATHA AND HON BLE MR. JUSTICE RAVI V. HOSMANI PETITIONER (BY SRI JEEVAN J. NEERALGI, ADV.) RESPONDENT (BY SRI RAVI RAGHAVAN, ADV. A/W Ms. B.M. ANUSHA, ADV.) O R D E R S. SUJATHA, J., This Sales Tax Revision Petition is filed by the Revenue under Section 23 (1) of Karnataka Sales Tax Act, 1957 ( the Act for short) challenging the order dated 31.08.2016 passed by the Karnataka Appellate Tribunal Bengaluru ( Tribunal for short) in STA 1638/2014. 2. The matter was admitted to consider the following questions of law: (1) Whether the interpretation of Section 8 (5) of the CST Act given by the Division Bench of the Hon ble High Court of Karnataka that the changes bro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fillment of the requirements laid down in sub-section (4) by the dealer were inserted to S.8 (5) of CST Act by the Finance Act 2002 (Act No.20/2002) with effect from 11.5.2002 subsequent to which the Notification No.FD:119 CSL 2002 (4) dated 31.5.2002 was issued by the Government of Karnataka in exercise of power under sub-section (5) of Section 8 of the CST Act read with Section 21 of General Clauses Act, 1897 making the furnishing of declaration in Form C or Form D , as the case may be, a condition precedent for claiming exemption on inter-state sales under the incentives to industrial units. The said notification was subjected to judicial scrutiny before this Court in the case of M/s Volvo India Pvt. Ltd. .v. State of Karnataka and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on-production resulting in denial of the exemption in terms of the amended provision. He further submitted that in view of the said decision, the questions of law Nos.(a) and (b) require to be answered in favour of the assessee and against the Revenue. The question of law no. (c) does not arise for consideration. 8. We have carefully considered the rival submissions of the learned counsel appearing for the parties and perused the material on record. 9. Giving effect to the industrial policy 1996-2001, Government of Karnataka issued a notification bearing No.FD:32 CSL 96(II) dated 15.11.1996 under Section 19-C of the KST Act providing for tax exemptions or deferrals. Similarly, a corresponding notification dated 15.11.1996 was also iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Division Bench of this Court in M/s Adeshwar Granites (supra), the arguments advanced by the learned counsel for the Revenue must fail. This view is further fortified by the Division Bench judgments of this Court in the cases of: (a) State of Karnataka.v. Aradhya Ropes and Slings [2014 (78) Kar.L.J. 250 (HC) (DB)] and (b) State of Karnataka .v. VXL Instruments Limited [2014 (79) Kar.L.J. 178 (HC) (DB), wherein the revision petitions filed by the Revenue have been disposed of recording the pendency of Special Leave Petition filed by the Revenue against the order in the case of M/s Adishwar Granites (supra) and noting that no interim order was granted, liberty was accorded to the Revenue to proceed in accordance with la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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