TaxTMI 
TaxTMI 
2025 (6) TMI 2147
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....ief deemed fit in the facts and circumstances of the case in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1 and learned AGA for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that petitioner is one of the Director of M/s. Sri. Radhakrishna Alloys (P) Ltd., Bengaluru. On 23.02.2012, FIR in Crime No.67/2012 was filed against various persons for the offences punishable under Sections 465, 468, 471 r/w 34 of IPC. In pursuance of the same, respondent No.1 - police authorities having conducted investigation have arraigned the petitioner as accused No.5 in the charge sheet by specifically stating that the petitioner being one of the Directors of the aforesaid company had not paid requisite VAT under the provisions of the Karnataka Value Added Tax (KVAT) Act, 2003 and in this context, it is relevant to state that except the allegations of non-payment of VAT by the petitioner being the Director of the aforesaid Company there are no other allegations made against the petitioner nor is the petitioner - accused No.5 sought to be proceeded against with for ....
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....fore, the appellant is entitled for input tax rebate on the said purchases as per the provisions of Section 10(2) of the KVAT Act, 2003 and hence, the said act of the respondent in disallowance of the said input tax needs to be deleted to meet the ends of justice and equity. 22. Further, on verification of the CCT circular issued for reversal of input tax claimed with respect to the purchases from 92 bogus dealers is based on report of additional CCT/ENF/SZ/PA-60/2012-13 dated 06.09.2012, the said selling dealer is not a bogus dealer as per the list furnished in the said bogus dealer list. Further, the appellant effected purchase for the tax periods of Apr-11, May-11, Jun-11, Aug- 11, Sep-11 and Jan-12 during the year 2011-12, which is prior to the circular issued by the Commissioner. Hence, the input tax credit claimed related to M/s Sri. Rihant, TIN:29390759453 for the tax periods of Apr-11, May-11, Jun- 11, Aug-11 and Sep-11 at Rs.68,44,191-00 Rs.1,02,34,070-00 Rs.83,42,560-00 Rs. 71,56,761-00 Rs.60,60,523-00 and at Rs.2,52,735-00 respectively is to be allowed in the eyes of law. 23. From the verification of the returns filed by M/s SMS Enterprises TIN:29690562....
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.....F.30/09/2011 Approved By: SMP0105 Approved Date: 07/02/2013 Verified By: Gangadhararai Verified Date: 02/02/2013 Assign Date for Verification 01/02/2013 Effective Date of Deregistration: 30/09/2011 Officer Note: Inspector Note: R.C.May be cancelled from September 2011. From the above, it is evident that the selling dealer has been de-registered w.e.f. 30.09.2011 and accordingly becomes registered dealer for the year 2011-12 till 30.09.2011. Therefore, the input tax claimed by the appellant related to the said registered selling dealer for the tax periods from May-11 during the year 2011-12 has to be allowed. Because, the appellant purchased the goods from the said selling dealer for the month of May-2011 at Rs. 30,21,729-00. Wherein, the selling dealer declared the total taxable sales turnover of Rs. 4,48,91,383-00 by declaring output tax of Rs. 23,35,435-00. Further, Since, the said dealer in de registered with effect from 30.09.2011 being bogus dealer/non-filer, the purchase turnover and input tax credit claimed by the appellant prior to de-registration i.e., prior to 30.09.2011 becomes valid registered dealer pu....
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.... Sri. Sanjay, Accounts Manager 9. CAS No. 284447222.01 10. Demand No. 111580800.1 M/s Sri Radhakrishna Alloys Pvt. Ltd, No. 43/1, 8th Cross, 4th Main, 2nd Block, R.T. Nagar, Bangalore- 560032 is a Private Limited Company registered under the KVAT Act 2003. The said assessee company is dealing in purchase and sale of iron and steel and also manufacturing activity and have a registered office at Bangalore as noted above. They have their factory at Plot No.52, APIIC growth Centre, Thumukunta Checkpost, Hindupur A.P. They have also a Depot at Shop No.2, Opp. Aruna Saw Mill, B.H.Road, Gowribidanur- 561208, wherefrom the sales and purchases are effected in the state. The company has been a registered dealer under the provisions of the KVAT Act, 2003 holding TIN 29260734256 and is on the files of GSTSO 183, Chickaballapur. The re-assessment order in respect of the above asses company for the tax periods falling in the financial year 2011-12 under section 39(1) and Read With Section 36(1) and 72(2) of the KVAT Act, 2003 was concluded on 28-03-2018 vide CAS No. 284447222, wherein levied the tax of Rs.73,69,391/- Penalty at Rs.7.36,839/- and interest of Rs.87,91....