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2017 (12) TMI 1072

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....ate authority remitting the matter to the assessing authority to afford the petitioner an opportunity to file a revised return for the assessment year 2010-2011. 2. The facts of the case are that the assessee applied for the payment of tax at compounded rates as provided under Section 8 of the KVAT Act for the assessment year 2011-2012. The request was accepted and Annexure 1 order was issued. Subsequently, the assessing officer issued Annexure IV revising Annexure I and it was challenged by the assessee before the first appellate authority inter alia contending that Annexure IV order was passed without issuing notice to it. Taking note of the contentions raised, the first appellate authority permitted the assesee to produce its document....

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.... note of the said contention the first appellate authority permitted the assessee to produce its documents, obtained the remarks of the assessing officer and on that basis it proceeded to decide the appeal on merits. 5. According to him, the first appellate authority remitted the case to the asessing officer permitting the assessee to revise its returns for the previous assessment year namely 2010-2011. This was for the reason that Section 8 of the Finance Act was amended with effect from 01.04.2015, as per which the turnover also had assumed relevance and the assessee is given deduction as provided under Rule 10 of the KVAT Rules. The liability of the assessee under Section 8 of the Finance Act for the assessment year 2011-2012 would al....