2019 (2) TMI 549

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.... the Respondent : Mohammed Rafiq , Senior Government Pleader ORDER K. VINOD CHANDRAN J.- 1. The questions of law raised from the order of the Kerala Value Added Tax Appellate Tribunal as raised in the memorandum of revision are extracted hereunder : "(a) Is not the order of the Appellate Tribunal a non-speaking one having not considered the contentions in their true perspective ?....

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....s ? 2. The appellant/assessee is manufacturer of tyres and tubes and has purchased locally, taxable and non-taxable raw materials. On the taxable raw materials, the assessee is entitled to input-tax credit under section 11 of the Kerala Value Added tax Act, 2003 ("the Act", for short). However, in the assessee's case, there are consignment sales where there is no tax effect and under sectio....

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....e assessee contention is that the computation made on an yearly basis would, in fact, show an artificial figure especially since the assessee had claimed the input-tax credit as provided under sub-section (3) of section 11 every month reversing the claim, which was not sustainable on the very next month. In such circumstances, the assessee's contention is that even if a single order is passed ....

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....e opinion that the matter has to be re-done by the Assessing Officer (AO) computing the input-tax credit on a monthly basis with reference to the reversal made by the assessee itself on the next month. 6. On the first question of law, we are of the opinion that the Tribunal has not considered the issue at all and there is total lack of application of mind. We would have normally referred the ma....