TaxTMI 
TaxTMI 
2025 (2) TMI 474
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....ssee for the assessment years 2009-2010, 2010-2011, and 2011-2012 under the Kerala Value Added Tax Act (hereinafter referred to as 'the KVAT Act'), they are taken up together for consideration and disposed by this common order. 2. The brief facts necessary for the disposal of these OT. Revision petitions are as follows: The respondent assessee is a registered dealer engaged in the manufacture and trading of Kraft paper. The raw materials necessary for the manufacture of Kraft paper were procured by the assessee from local registered and unregistered dealers and also through import from foreign countries. The manufactured Kraft paper was thereafter sold both locally and interstate as also by consignment sales. In respect of the lo....
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....ufacture of the final product that was ultimately cleared locally on payment of tax. The First Appellate Authority, therefore, found that inasmuch as the assessee had demonstrated that there was no quantity of raw materials in respect of which input tax credit had been taken or special rebate claimed which had found its way into final products that were cleared outside the State without payment of tax, the Assessing Authority could not have denied the input tax credit and special rebate claimed by the assessee. 5. In a further appeal carried by the revenue before the Appellate Tribunal, the Appellate Tribunal found as a matter of fact that the subjective satisfaction arrived at by the First Appellate Authority on facts, regarding the use o....
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....g account in form 14 as stipulated under rule 58 (12) of the Rules though the Tribunal made a specific finding that there is latches on the part of the assessee in not maintaining the manufacturing account as per rule 58 (12). iii. Whether the learned Tribunal erred in finding that the purchase and sale ratio as per the statement produced by the assessee indicated that the proportion of the sales far exceeds the proportion of the local purchase and came to the conclusion that disallowance of input tax credit/special rebate is not correct. 7. We have heard Sri. V.K. Shamsudheen, the learned Senior Government Pleader for the petitioner State and Sri. Rahul A, the learned counsel for the respondent assessee. On a consideration of the riva....