Revised against the Kerala VAT Appellate Tribunal's order upholding disallowance of input tax credit on closing stock due to failure to pass tax benefit to dealers. The High Court found no substantial question of law and dismissed the revision.
Petitioner's revision petition dismissed, upholding Tribunal's order disallowing input tax credit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933
OT.Rev.No. 46 of 2011() ----------------------TAVAT.453/2009 of KERALA VAT APPELLATE TRIBUNAL, ERNAKULAM .................... REVISION PETITIONER/APPELLANT/ASSESSEE
AISWARYA ENTERPRISES, YMCA BUILDING, KOZHIKODE REPRESENTED BY ITS MANAGING PARTNER SRI. A BALAKRISHNAN.
BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR SRI.K.UMAMAHESWAR
RESPONDENT/REVENUE
STATE OF KERALA, REP. BY THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695033.
BY G.P. SRI.MOHAMMED RAFEEQ
THIS OTHER TAX REVISION (VAT) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
ANNEXURE A: COPY OF ASSESSMENT ORDER DT.4.12.2006.
ANNEXURE B: COPY OF ORDER DT.27.6.2009 OF THE DY. COMMISSIONER(APPEALS), KOZHIKODE.
ANNEXURE C: COPY OF ORDER DT.25.3.2010 OF THE APPELLATE TRIBUNAL.
TRUE COPY
P.S. TO JUDGE
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
O.T. Rev. No.46 of 2011
.................................................................... Dated this the 15th day of July, 2011.
JUDGMENT
Ramachandran Nair, J.
Heard counsel for the petitioner and we have also gone through
the orders of the Tribunal and that of the lower authorities. The revision is filed against the order of the Tribunal declining to grant refund claimed by the petitioner on input tax credit on the closing stock which is opening stock for the year 2005-2006. We notice from the orders that audit inspection was conducted by the officer and he found that the assessee has not passed on the tax benefit to the dealers which only entitles them to get input tax credit of tax paid under the KGST Act on the closing stock under proviso to sub-section (13) of Section 11 of the Act. The disallowance is made by the Assessing Officer after making audit inspection and after verifying the records. The two appellate authorities including the Tribunal concurred with the
2
findings of fact. We do not find any substantial question of law arising in the matter. Consequently revision is dismissed.
C.N.RAMACHANDRAN NAIR Judge
P.S.GOPINATHAN Judge
pms
2 issues framed by the court
Whether the revision petition should be allowed against the Tribunal's order declining refund of input tax credit.
Whether there is any substantial question of law arising in the matter.
1 provisions across 1 enactments
Aiswarya Enterprises
State of Kerala
C.N.Ramachandran Nair
P.S.Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
