MRS. SHANTHI PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed under Section 63 of the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as 'the Act') contesting the appeal order dated 18th October, 2012 in Case No. VAT. AP. 1136 of 2011 and 2012 with Case Order No. 21742308 APP passed by the Joint Commissioner of Commercial Taxes (Appeals -1), Bangalore (for short, as 'FAA') under Section 62(6) of the Act. The FAA has modified the reassessment order dated 30 -5 -2011 concluded under Section 39(1) of the Act by the Assistant Commissioner of Commercial Taxes (Recovery -33), Bangalore (for short, as 'AA') for the tax period of March 2010. While modifying the reassessment order, the FAA has enhanced the tax liability. The appellant in this appeal has made prayer to set aside the orders of the FAA and also that of AA. In this regard detailed grounds of appeal is submitted along with appeal memorandum. The two major issues involved in this appeal is the rate of tax applicable on the sale of used car and also the levy of tax on 'stock difference' in physical verification which has been revalued and considered under the closing stock for the year ending 31 -3 -2010. The appellant has requested to delete the levy of tax on stock difference value which is considered as sales by the AA which is affirmed by the FAA in the impugned appeal order.

(2.) THE brief facts and grounds of appeal are stated thus. - -

(3.) PERUSED the records of the lower authorities. The following points which arise for our consideration are. - -