STATE OF KERALA Vs. V.M. RAJALAKSHMI

JUDGEMENT

(1.) HEARD learned Government Pleader as well as the learned counsel representing the assessee. O.T.R. No. 68 of 2012 pertains to the assessment year 2008 -2009 and O.T.R. No. 69 of 2012 pertains to the assessment year 2009 -2010.

(2.) THE brief facts that led to the filing of these revisions are as under:

(3.) AS against this, learned counsel appearing for the assessee brings to our notice the definition of "input tax rebate" as defined under section 2(xxiii) of the Act and contends that the word "means" used in the said section has to be read in strict sense which would mean that any input tax paid or payable under this Act by a registered dealer to another registered dealer on the purchase of goods in the course of business has to be taken into consideration whether the assessee has committed omission or not. He also brings to our notice section 11(3) contending that for an assessee a special concession is granted under sub -section (3) of section 11 up to Rs. 10 lakhs for the first year of business. Therefore, even by virtue of sub -section (3) of section 11 of the Act the assessee would get the benefit.