While disposing the Writ Petition of M/S. Fibre world, Kerala High Court ruled that confirmation from accountant general as to the steps taken on the basis of Audit Objection can’t be a reason for Delaying IPT.
In instant case petitioner filed an application for refund of the Input Tax paid under the Kerala Value Added Tax Act.
A single judge bench Justice P.B.Suresh Kumar heard the contention of both the parties and also the communication issued by the respondent. From there bench observed that aforesaid application filed by petitioner was not considered since assessing authority is yet to receive confirmation from the Accountant General as to the steps taken for revising the assessment of the petitioner on the basis of the audit objection.
The court found that revised assessment of the petitioner was according to the audit objection and he was satisfied with the demand for the revision.
The bench also added that want of confirmation from the Accountant General as to the steps taken on the basis of the audit objection cannot be a reason for delaying consideration of the application for input tax refund.
Subsequently, the court disposed of the petition by directing the respondent to consider the application according to the law.
