TaxTMI 
TaxTMI 
2025 (12) TMI 1239
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.... in question the order dated 08.08.2023, passed in revision order No. ZAC/03/BNG-05/SMR-55/22-23 (bearing No.723/2023-24 for the year 2016-17), by respondent No. 1 (Annexure-A), as well as the consequential Demand proceedings in T.No.586/23-24 dated 13.09.2023, along with Demand notice in Form VAT-180 dated 12.09.2023 on the following substantial question of law which reads as under: 1. Whether on the facts and in the circumstances of the case, the respondent was justified in invoking powers of revision under Section 64 of the KVAT Act to set aside order of the First Appellate Authority, in the absence of satisfying the twin conditions adumbrated by the Legislature? 2. Whether on the facts and circumstances of the case, th....
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....interest of Rs. 34,089/- and penalty of Rs. 8,417/- in terms of the scheme (Annexure-E1), admitting the assessee to the benefits under the Karasamadhana Scheme. 6. The respondent No. 1, subsequent to waiver and admittedly the assessee to the scheme supra invoking power under Section 64(1) of the KVAT Act, issued a notice to the assessee, on the premise that the orders of the assessing authority were erroneous, illegal and improper and it was prejudicial to the interest of revenue. The reason culminated in the notice states that the sub-contractors have failed to declare the turnover in the returns and in some contracts, the turnovers shortly declared, casting the burden on the assessee to produce the proof with respect to the main contra....
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.... KVAT Act, 2023 for the tax period 2016-2017, by the Assessing Officer viz ACCT (Audit)-5.9, DVO-05, Bengaluru, dated 29.05.2019, being erroneous, illegal and improper and prejudicial to the interest of the revenue, set aside the same and modified the re-assessment order, disallowing the subcontract turnover deductions claimed by the assessee, discussed in the table depicted in the order, directing the Assessing Authority to re-determine the tax liability, and to levy applicable penalty and interest in terms of the provisions of KVAT Act, with an observation that the penalty and interest waived under the Karasamadhana scheme needs to be deducted from the penalty and interest determined afresh. 8. Pursuant to the order passed by the respo....
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.... relied on the judgment of the Co-ordinate Bench of this Court in M/s Omkar Land Developers Vs. Additional Commissioner of Commercial Taxes Zone-1, dated 18.06.2025, to contend that once the application filed under the Karasamadhana Scheme, has attained its finality in terms of the scheme, granting benefit under the same, invoking revisional powers under Section 64 of KVAT Act is unreasonable and arbitrary. In the said judgment, this Court observed that once the assessee is granted benefit under the Karasamadhana Scheme, 2021 cannot be taken away by initiating proceedings under Section 64 of KVAT Act, then the very introducing of the scheme would be otiose and the object gets defeated. It is further observed that once the assessee pays enti....