2019 (11) TMI 1127

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... tax liability under the provisions of the Karnataka Value Added Tax Act, 2003 ('KVAT Act' for short) for the tax periods June 2007 onwards or in the alternative to direct the respondent to forthwith refund to the petitioner the balance unallowed amount of tax exemption of Rs. 7,46,354/- in terms of the certificate issued by the Government of Karnataka dated 21.03.2001. 2. The petitioner - a proprietary concern, was a dealer registered under the provisions of the Karnataka Sales Tax Act, 1956 ('KST Act' for short) and the KVAT Act, engaged inter alia, in the manufacture and sale of various bakery items and sweets. It transpires that under the KST Act, a certificate dated 21.03.2001 was issued to the petitioner in terms of which the petitio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....01 to 2004-05 under Section 25A of the KST Act to the effect that the assessment orders passed for the said years having attained finality, it is only after the clarification of tax exemption in the reassessment proceedings by the prescribed authority under the KVAT Act for the period 01.04.2005 to 31.05.2007, the application will be verified for further action to be taken under the provisions of the KST Act. Subsequently, in terms of the proceedings of the Commercial Tax Officer (Audit), Kundapura dated 06.06.2019, exemption available in terms of the entitlement certificate has been determined which totally amounts to Rs. 5,03,788/- for the VAT regime and Rs. 1,55,867/- for the KST regime. Hence, the petitioner has sought for adjustment o....