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Gannon Dunkerly deductions.

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2018-VIL-192-KAR

M/s PUNJ LLOYD LIMITED Vs THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES

Karnataka VAT Act – works contract – Books of Account - denial of deduction of labour and like charges - Prescribed Authority concluded the reassessment allowing the deduction of 30% of the works contract in terms of Rule 3(2)(m) rejecting the claim of the petitioner of the deduction of labour and like charges under Section 3(2)(l) of the KVAT Rules 2005 - whether respondent is justified in concluding the reassessment proceedings rejecting the claim of the petitioner to deduct the labour and other like charges under Section 3(2)(l) of the KVAT Rules –

HELD - the assessee has maintained proper books of accounts and it is only due to the copious size of the books of accounts, it would be practically difficult to produce the entire books of accounts, had requested the Prescribed Authority to examine the books of accounts at the business premises of the petitioner or else to insist for the specific expenses incurred, relating to which the books of accounts can be produced. A cartload of books of accounts requires to be examined by the Prescribed Authority to ascertain the genuineness of the claim made by the petitioner - It is the contention of the petitioner that notwithstanding the voluminous size of the books of accounts maintained by the petitioner, they are willing to place the same before Prescribed Authority -

In the circumstances, it cannot be held that the petitioner has not maintained the books of accounts or not willing to produce the books of accounts - for the limited purpose of providing an opportunity to the petitioner to produce the books of accounts before the Prescribed Authority to avail the deduction under Section-3(2)(l) of the KVAT Rules as claimed, the Court deems it proper to set-aside the order impugned herein and remit the matter to the Prescribed Authority to examine the books of accounts and arrive at a decision - the impugned orders are set-aside. The matter is remanded to the respondent to reconsider the matter afresh after providing an opportunity to the petitioner to produce the books of accounts – answered in favour of assessee

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