2021 (10) TMI 1027

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... 2. The matter was admitted to consider the following questions of law: "(1) Whether the interpretation of Section 8 (5) of the CST Act given by the Division Bench of the Hon'ble High Court of Karnataka that the changes brought about by the amending Act of 2002 governs only Section 8 (5)(a) and not Section 8 (5)(b) of the CST Act is right and justifiable? (2) Whether the Division Bench of the Hon'ble High Court of Karnataka was justified in not considering the Notification No.FD 199 CSL 2002(4) dated 31.5.2002 in the right prospect, though the same was upheld by the Division Bench of the Karnataka High Court in W.A. No.2417 of 2007 dated 02.04.2009 in the case of M/s Volvo India Pvt. Ltd.? 3. The assessee is a medium scale industry e....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....exemption on inter-state sales under the incentives to industrial units. The said notification was subjected to judicial scrutiny before this Court in the case of M/s Volvo India Pvt. Ltd. .v. State of Karnataka and Others (W.A.2417/2007 DD.02.04.2009). The said decision was confirmed by the Hon'ble Apex Court dismissing the SLP filed by the assessee as not pressed. Despite the same, the Tribunal failed to notice the mandatory requirement of the production of Form 'C' or Form 'D' declaration forms for availing the benefit of the notification dated 31.05.2002 issued under Section 8 (5) of CST Act. 6. It was submitted that there is no estoppel against the statute but the Tribunal proceeded to apply the doctrine of "promissory estoppel" to re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d a notification bearing No.FD:32 CSL 96(II) dated 15.11.1996 under Section 19-C of the KST Act providing for tax exemptions or deferrals. Similarly, a corresponding notification dated 15.11.1996 was also issued under 19-C of Act read with Section 9 (2) of CST Act. The said notification issued under the CST Act exempted/deferred the tax payable under CST Act in respect of goods manufactured and sold in the course of inter-state trade and commerce by industrial units which are eligible and opted for the benefit prescribed under the notification dated 15.11.1996 issued under KST Act. The assessee with a view to avail the benefit under the aforementioned notification, obtained Fixed Assets Valuation Certificate (FAVC) dated 21.2.2000 from the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on filed by the Revenue against the order in the case of M/s Adishwar Granites (supra) and noting that no interim order was granted, liberty was accorded to the Revenue to proceed in accordance with law after disposal of Special Leave Petitions by the Hon'ble Apex Court. 11. It is now pointed by the learned counsel for the parties that said Special Leave Petitions are admitted and C.A. Nos. 473-480/2016 are pending, but no interim order of stay has been granted. In view of aforesaid, we have no hesitation to dispose of this petition answering question of law in favour of assessee and against Revenue subject to the result of C.A. Nos. 473-480/2016 pending before the Hon'ble Apex Court. However, we make it clear that the dispute being confin....