TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the authorities could reopen and reassess the dealer under the regular VAT scheme for the period April 2014 to March 2015 when the composition certificate had been cancelled only with effect from 22.07.2015.
Analysis: The composition facility under the KVAT Act was granted by a certificate issued under the rules. The certificate had not been cancelled during the relevant tax period. The cancellation notice and order expressly operated only from 22.07.2015 and enabled filing of regular returns only from 01.08.2015. The statutory scheme made cancellation of the composition certificate a necessary precondition for moving the dealer out of composition and subjecting it to regular VAT assessment. In the absence of cancellation for the period in question, reassessment under the regular scheme for April 2014 to March 2015 was not permissible.
Conclusion: The reassessment for the period when the composition certificate was subsisting was illegal and unsustainable; the challenge succeeded in favour of the assessee.
Ratio Decidendi: So long as a composition certificate granted under the KVAT Rules remains un-cancelled for the relevant period, the dealer cannot be reassessed under the regular VAT scheme for that period.
TaxTMI 
TaxTMI 
