2016 (2) TMI 319

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....ealer under the provisions of the Karnataka Value Added Tax Act, 20 03 (Hereinafter referred to as the 'KVAT Act', for brevity) and is engaged in the manufacture and sale of rice bran oil, cotton seed oil, sunflower oil and soya oil, by employing solvent extraction process out of rice bran, cotton seed, sunflower cake, and soya seeds. While oil is liable to tax and the by-product de- oiled bran and cake is exempted from tax. The petitioner claims that returns of turnover in Form VAT 100 for the tax periods April 2006 to March 200 7, April 2007 to March 2008, April 2008 to March 2009 and April 2009 to March 2010 were filed compiled on the basis of books of accounts and the tax was paid as admitted therein. In the said returns filed, the p....

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.... rebate. This was the declaratory of the law and according to the petitioner, would always have been applicable to all assessments made prior to and after the date of the said judgment. Therefore, the petitioner has filed an application under Section 6 9(1) relating to the tax period April 2006 to March 2007, April 2 007 to March 2008, April 2008 to March 2009 and April 2009 to March 2010 before the first respondent, for rectification of the re-assessment orders and to grant full input tax rebate on the value of VAT. That was rejected only on the ground that the petitioner ought to have made a claim for full tax rebate in the first instance and no such claim having been made would preclude it from doing so, since such a claim could have bee....

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....w which prevented the assessees from raising such claim. For otherwise, if such claim had been made, it was quite possible that they would have been penalized for making such a claim and it is only on the legal position being settled by a decision of a division bench of this court that the benefit available to the petitioner has dawned on the petitioner and therefore, the rectification application was justified. 7. The point for consideration would be whether the petitioner could avail the benefit of the judgment which was rendered much after the assessment order was passed and whether such reassessment orders can be passed on their prayer for rectification of the earlier assessment. 8. In the above circumstances, in a situation where....