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TMI Blog2022 (7) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... br>S.T.R.P No.8 OF 2021 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... m VAT 120, and the same were being assessed at the rate of 4% on the sale value. 4. Based on scrutiny of e-sugam Forms and the Enforcement Report dated 30.01.2015, the Assessing Authority (Deputy Commissioner of Commerical Taxes (Audit & Recovery)-5, Mangaluru) passed re-assessment order dated 30.11.2015 for the Assessment Year 2013-14 denying the benefit of payment of tax under Composition Schem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded Tax Rules, 2005), the option to pay tax by way of composition shall not be available to a dealer, who has made inter-State purchase. The Assessing Authority and the First Appellate Authority, on appreciation of facts on record have rightly denied the said benefit. The KAT has allowed the appeals on an erroneous assumption that the goods in question are not 'goods in stock'. In view of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate as equipments and consumables for its business. Assessee is not a dealer of said goods. 10. In the case of Shri. Anantha Padmanabha Bhat, rightly relied upon by the KAT, this Court has held that the vitrified tiles used in the restaurant owned by the assessee therein were not sold by him in the regular course of business but they were used for the flooring of the restaurant. Hence, it had b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of regular course of business. The assessing authorities trained and well acquainted with the commercial terms, cannot be allowed to take such perverse views." 11. In the instant case, admittedly, respondent is in the business of sale of food and beverages. The goods purchased by the respondent are for running its business. Hence, they cannot be considered as 'goods held in stock'. We are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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