STATE OF KARNATAKA Vs. SHOBHA DEVELOPERS LIMITED

JUDGEMENT

(1.) These revision petitions are filed by the Revenue against the judgment dated 26-8-2013 passed in STA Nos. 2385 to 2390 of 2011 by the Karnataka Appellate Tribunal, Bangalore, holding that the tax levied at the higher rate instead of 4% on the materials which are taxable at 4% under the provisions of Karnataka Value Added Tax Act, 2003 is not justifiable in the absence of specific provisions and schedules for levy of tax on the Works Contract, for the year 2005-2006, along with penalty and interest levied under Sections 72(2) and 36 of the Karnataka Value Added Tax Act are also not justifiable. Therefore, the matter was remanded to the Assessing Authority with a direction to levy VAT at 4% for the materials which are taxable at 4% instead of 12.5% for the tax period 2005-2006. Therefore, the question for consideration before this Court in these revision petitions is: