2022 (7) TMI 423

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....or consideration of the following question: "(1) Whether on the facts and in the circumstances of the Petitioner's case the Tribunal was right in law, in allowing the Respondent's Appeal and holding that the Respondent was eligible to pay taxes under the scheme of composition as provided for under Section 15(1) (c) of the Act, especially when the Respondent had effected purchase of machinery in the course of interstate trade for use in business activity of the Respondent?" 2. Heard Shri. Jeevan J.Neralagi, learned AGA for petitioners and Shri. Atul K.Alur, learned Advocate for the respondent . 3. Brief facts of the case are, respondent is a Private Limited Company in the business of sale of food and drinks. It has opt....

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....e Assessing Authority and the First Appellate Authority, on appreciation of facts on record have rightly denied the said benefit. The KAT has allowed the appeals on an erroneous assumption that the goods in question are not 'goods in stock'. In view of the admitted facts, the impugned order is unsustainable in law. 7. Shri. Atul Alur for the assessee submitted that respondent is in the business of food and beverages. It has purchased Sealing Machines etc. as capital equipment and consumables for the Restaurant. As held by this Court in the case of Anantha Padmanabha Bhat Vs. Commissioner of Commercial Taxes & Another W.P. No. 54356, 54357/2015 (Tax-res) and W.P. Nos. 57006-57027/2015 decided on 03.06.2016, the inter-State purchas....