RIDDHI SIDDHI METAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed by the appellant under Section 63(1) of the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as 'Act' for short), challenging the order of the Joint Commissioner of Commercial Taxes (Appeals), Bangalore (hereinafter referred to as the 'First Appellate Authority - 'FAA' for short) vide Order No. KVAT.AP. 1446/07 -08, dated 5 -1 -2010 against the order of the Deputy Commissioner of Commercial Taxes (Debt Management -1), Bangalore Division, Bangalore (hereinafter referred to as the 'Assessing Authority' - 'AA' for short). The grounds of appeal urged by the appellant are that:

(2.) AFTER due verification of the records, the case was admitted and posted for arguments.

(3.) THE State Representative arguing on behalf of the State, stated that M/s. Shri Vishnu Traders was known as a bill trader recorded in the various judgments pronounced by the Tribunal, and there was no movement of goods but only sale of bills, the question of returning of the goods did not rise at all. Further, these cases are proved beyond doubt as fraudulent evaders of tax by virtue of detailed investigations by the Department. Even the vehicles mentioned in which goods are returned were in the custody of one Sri Gurupadayya and not in the custody of Sri Makbull Ahmed as contended by the appellant. He urged that the recovery proceedings under Section 45(6) by serving notice in Form VAT 355 is perfectly in order as on that date the appellant was showing credit balance of Rs. 29,11,466/ - which was immediately recovered by Recovery Officer and requested to dismiss the appeals.