Search Results for "KVAT Act, 2003"

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Search Results for "KVAT Act, 2003"

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Supreme Court

Supreme Court Dismisses Revenue's Appeals in Karnataka VAT Act Cases on Input Tax Credit Claims. Court Interprets Section 70 to Hold Purchasing Dealers Discharged Burden of Proof Through Genuine Invoices and Payments, Entitling Them to ITC Despite Seller Defaults.

13 Mar 2023

The dispute involved appeals by the State of Karnataka (revenue) against High Court judgments that dismissed revision applications and allowed Input T...

High Court

Karnataka High Court Allows Input Tax Credit Based on Annual Audited Accounts in KVAT Act Cases. The court held that Section 10(3) of the KVAT Act permits availment of input tax credit based on the annual audited statement in Form VAT 240, irrespective of the claim in returns under Section 35.

6 Dec 2019

The judgment involves multiple writ petitions filed by M/s MFAR Constructions Pvt. Ltd. and M/s Mangalore Force, challenging the interpretation of Sec...

High Court

Karnataka High Court Quashes Re-Assessment Orders in KVAT Act Case Due to Non-Application of Mind and Lack of Reasons. Input Tax Credit Denial Based on Non-Availability of Selling Dealers at Registered Address Held Invalid Under Section 10(2) and Section 39 of Karnataka Value Added Tax Act, 2003.

17 Jun 2019

The petitioner, M/s Onyx Designs, a proprietorship concern dealing in bags and gift items, was a registered dealer under the Karnataka Value Added Tax...

High Court

High Court of Karnataka Dismisses State's Appeals in VAT Input Tax Credit Dispute — Reassessment Notices Issued Beyond Limitation Period Are Invalid. The court held that reassessment under Section 39(1) of the Karnataka Value Added Tax Act, 2003 must be completed within four years from the end of the relevant tax period, and notices issued after that period are barred by limitation.

31 Aug 2018

The case involves multiple writ appeals filed by the State of Karnataka against orders of a single judge quashing reassessment notices issued under Se...

High Court

High Court Quashes Recovery Notices in VAT Case Due to Lack of Proper Service and Limitation. Notices under Section 45 of Karnataka Value Added Tax Act, 2003 for arrears of tax, penalty, and interest for 2005-2006 and 2006-2007 quashed as they were issued without proper service and after unreasonable delay.

21 Oct 2016

The petitioner, M/s. Gayathri Projects Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India challenging three notices is...

High Court

High Court of Karnataka Allows Writ Petition in VAT Discount Deduction Case — Reassessment Order Set Aside Following Binding Precedent. The court held that discounts allowed to customers after sale via credit notes are deductible under Section 30 of the KVAT Act read with Rule 31 of the KVAT Rules, and the reassessment under Section 39(2) was barred by limitation.

16 Feb 2016

The petitioner, M/s Pratham Motors Private Limited, a dealer in cars, filed writ petitions under Articles 226 and 227 of the Constitution of India cha...

High Court

Karnataka High Court Allows Petition Challenging Discriminatory Tax Notification Excluding Lead Sub-Oxide from Industrial Input List. Lead Sub-Oxide Held to Be an Industrial Input Under Entry 67 of Third Schedule to KVAT Act, Entitled to Reduced Tax Rate.

13 Jan 2016

The petitioner, M/s A.P.S. Industries, a partnership firm engaged in the manufacture and sale of Lead Sub Oxide (Lead Oxide Grey), challenged a notifi...

High Court

High Court of Karnataka Dismisses State's Revision in VAT Limitation Case — Revisional Order Passed Beyond Three-Year Period. Tribunal Correctly Held That Suo Motu Revision Under Section 63-A(3) of KVAT Act Must Be Completed Within Three Years from Date of Assessment Order, Not from Initiation of Proceedings.

26 Aug 2015

The State of Karnataka filed revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) challenging an order of the ...

High Court

High Court of Karnataka Adjudicates Writ Petitions Against Re-Assessment Order Under KVAT Act on Software Implementation Services and Sales Tax. The Assessee Challenged a Demand of Rs.49 Crore and Sought Declarations of Unconstitutionality for Sections of KVAT Act and Finance Act, 1994, but Constitutional Arguments Were Not Pressed Before the Court.

9 Feb 2015

The assessee, a company incorporated under the Companies Act, 1956, was engaged in development and sale of software, including Finacle universal banki...

High Court

High Court of Karnataka Dismisses State's Revision Petitions in Asian Paints VAT Case — Input Tax Credit on Capital Goods Allowed Despite Non-Use in Manufacturing. Section 11(4) of KVAT Act, 2003 does not restrict ITC on capital goods used for generation of electricity for own consumption.

30 Apr 2014

The State of Karnataka filed multiple revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) read with Section 9...

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