TaxTMI 
TaxTMI 
2016 (12) TMI 69
X X X X Extracts X X X X
X X X X Extracts X X X X
....the appellant is not entitled to the input tax credit and the appellant is also not entitled for deduction of tax as the same has not been collected separately in the RA bills/tax Invoices. 2. We have heard Sri Shankare Gowda M.N., the learned counsel appearing for the petitioner and Mr. T.K. Vedamurthy, the learned Government Advocate appearing for the respondent. 3. The petitioner assessee has raised the following substantial questions of law for the purpose of preferring the petition. "1. On the facts and in the circumstances of the case whether the Tribunal and the authorities below are justified in disallowing the benefit of input tax credit to the Petitioner when the Petitioner paid purchase tax under Section 3(2) of KVAT Act....
X X X X Extracts X X X X
X X X X Extracts X X X X
..../2011 and allied matters disposed off on 2nd September, 2013. It is submitted that this Court may consider the questions raised in the present petitions. Whereas the learned Government Advocate Mr. Veda Murthy appearing for the respondent contended that both the issues are already covered by the decisions of this Court, one as per the decision of this Court in the case of CENTUM INDUSTRIES PRIVATE LIMITED., supra and in another as per the decision of this Court in the case of M/s. INDIAN RAYON & INDUSTRIES LIMITED., supra and therefore no point of law would raise for consideration and this Court may dismiss the appeal. 5. We may record that Section 35(4) of the KVAT Act reads as under:- "35. Returns (1) xxx xx (2) xxx xx (3) ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... i.e., within 20 days or 15 days after the end of the preceding month. Sub-section(2) mandates that the tax on any sale or purchase of goods declared in a return furnished shall become payable within 20 days or 15 days as prescribed in sub- section (1) of Section 35 without the assessee waiting for a notice for payment of such tax. Sub-section (4) of Section 35 provides for filing of a revised return if the assessee discovers any omission or incorrect statement in the returns filed under Section 35(1) of the Act. At the relevant point of time such a revised return had to be filed within 6 months from the end of the relevant tax period. Therefore, the statute provides for filing of a return, claiming input tax rebate within the period prescr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sent case are considered in the light of the aforesaid legal position as contended by the learned counsel for the petitioner in the present case, the petitioner has not filed any revised return either within the prescribed period of 6 months or even thereafter and the claim for input tax credit is made for the first time only after the re-assessment proceedings were concluded. Hence, the Tribunal has rightly held that as per the provisions of Section 35(4) read with the decision of this Court in the case of CENTUM INDUSTRIES supra, no input tax credit would be available as claimed by the assessee. 6. In our view, the contention raised that the matter is pending before the Apex Court against the decision of the Centum Industries case s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rate or rates of the tax' also finds place in Rule 29(1)(h) of the Rules whereby the legislature has made its intent clear that every registered dealer, who is liable to pay tax shall collect such tax at the rate or rates at which he is liable to pay tax, as mentioned in the invoice. If the invoice does not specify the amount of tax to be charged in respect of taxable goods, in our opinion, one cannot seek deduction, as prayed for by the petitioner. The Karnataka Appellate Tribunal (for short the 'KAT') has considered this aspect in proper perspective in paragraphs-13 and 14, which read thus: "13. An analysis of the provisions of Section 9 of the VAT Act indicates that every registered dealer shall collect such tax at the rates at which ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....le price and tax element as provided under 8-A of the CST Act. The arguments of the learned counsel for the appellant could have been accepted whereas there is no such similar provision under the VAT Act. The scenario under the VAT Act is for different from that of the KST Act, as already stated in the earlier part of the order, KST Act was based on a single point taxation, whereas VAT works under multipoint taxation. To eliminate the cascading effect, the Act provides for claim of input tax paid on his purchases while working out the net tax payable. This very much requires that the taxes collected in the tax invoices should be explicitly shown and made known to the purchaser to maintain the VAT chain." 5. Having regard to the reasons r....