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TMI Blog2022 (10) TMI 1071X X X X Extracts X X X X X X X X Extracts X X X X ..... questions now formulated do not point out the illegality or irregularity in the finding recorded by the Tribunal. The finding of disallowing the claim of the dealer is agreed upon, and secondly, no exception is pointed out warranting interference of this Court under Section 63 of the Act. Revision dismissed. - O.T.REV NO. 181 OF 2017 - - - Dated:- 26-9-2022 - THE HONOURABLE MR.JUSTICE S.V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admittedly, the return was filed beyond 90 days. The case of the dealer is that the returns since are filed beyond 90 days, the seller may not be in a position to claim adjustment of tax already paid on the returned goods by him. The seller alone is disentitled from claiming the reversing of entry and the dealer being a purchaser should be allowed to claim the input credit on the said transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r will not get the benefit of turnover exemption from payment of tax? d) Ought not the tribunal have held that since the selling dealer has not returned the tax component to the petitioner, he is justified in availing input against such purchases? 3. We have heard the learned counsel and the very argument which was canvassed before the Tribunal is put forward and Mr. V.K Shamsudheen, relies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, there is no output tax due as such sales return. The KVAT Act prescribed certain time limit for returning the goods to the seller. If the goods purchased are returned to the seller within a period of 90 days from the date of delivery of such goods, the selling dealer will get a deduction from the taxable turnover to the extent to which the goods were returned. The seller will refund the cost o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such purchase return . Now the issue before us is, the questions now formulated do not point out the illegality or irregularity in the finding recorded by the Tribunal. We are in agreement with the finding of disallowing the claim of the dealer, and secondly, no exception is pointed out warranting interference of this Court under Section 63 of the Act. By confirming the findings of the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X
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