2014 (7) TMI 1097

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.... JUDGMENT The petitioner is aggrieved by Exhibit P1 notice issued for re-opening of the assessment under Section 25(1) of the Kerala Value Added Tax Act, 2003 [for brevity "KVAT Act"] and the interim order passed in an appeal against the earlier assessment made as per Exhibit P2, evidenced by Exhibit P7. 2. The petitioner's contention is that, Exhibit P1 notice under Section 25(1) of the K....

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....e to Rs. 1,45,55,677/- was suppressed, which turnover was exigible to tax at 12.5%. Hence, the said turnover was sought to be added as escaped turnover in the earlier re-opening proposed and concluded by Exhibit P2. In Exhibit P2, an amount of Rs. 1,45,55,677/- was added to the taxable turnover, exigible to tax at 12.5%. 4. However, by Exhibit P1 though the turnover with respect to M/s.Roman Ta....

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....19/- already contained a turnover of Rs. 61,83,135/- which is exigible at 12.5% as returned by the petitioner himself. 5. In the above circumstance, if at all the re-opening under Exhibit P1 was valid, even going by the figures noticed in Exhibit P1 notice, the higher tax could have been applied only to an amount of Rs. 3,65,54,145/-. That modification necessarily should be made. It is made cle....

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....ation made as per Rule 10(2)(a) of the KVAT Rules, 2005. The proviso under Rule 10(2)(a) provided that when the turnover arrived at after deducting the amount mentioned in clause (a) falls below the cost of goods transferred in the execution of works contract, an amount equal to the cost of goods should be added in respect of such works contract. When the proviso specifically indicated that estima....