2016 (4) TMI 49

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....n 62(6) of the KVAT Act is revised. Since, the common questions of law are involved in this batch of appeals relating to CST Act, these matters are heard together and disposed of by this common Judgment. 2. The facts in brief are: The appellant is a company registered under the Companies Act, 1956 and registered dealer under the provisions of Karnataka Value Added Tax Act, 2003 ('KVAT Act' for short) and also under the CST Act. The appellant is engaged in the business of manufacture and trading of cutting tools. On the discounts claimed by the appellant, the Assessing Authority issued notices under Section 9(2) of the CST Act read with Sections 39(1), 72(2) and 36(1) of the KVAT Act seeking objections with respect to its proposition t....

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....assed by the Assessing Authority with respect to annual turnover discount. Consequently, the Assessing Authority issued demand notices giving effect to the order of the Revisional Authority. Being aggrieved by the revisional orders, the assessee has preferred these appeals before this Court. 5. Heard the learned counsel Sri.K. K.Chythanya appearing for the appellant as well as Sri T.K.Vedamurthy , learned Government Pleader for the respondent. 6. Learned counsel appearing for the assessee would contend that the revisional authority passed orders under Section 64(1) of the KVAT Act read with Section 9(2) of CST Act whereby, appellate order under Section 9(2) of the CST Act read with Section 62(6) of the KVAT Act passed by the First Appella....

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....he orders passed by the First Appellate Authority as regards exemption allowed on discount on the basis of the credit notes issued by the assessee/company are set aside and the Orders of the Assessing Officer are restored. This judgment of Southern Motors (Supra) relates to the provision of KVAT Act and Rules. As such, the said Judgment is not applicable while deciding the issues under the provisions of the CST Act. Accordingly, he seeks to remand the matter back to the respondent to consider the matter afresh in the light of the provisions of the CST Act and to pass appropriate orders. 9. On the other hand, Sri T. K.Vedamurthy , learned Government Pleader appearing for the revenue supports the order passed by the respondent. 10. After he....