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Search Results for "KVAT Rules"

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High Court

High Court of Karnataka Allows Writ Petition Seeking Refund of Pre-deposit in VAT Matter — Mandamus Issued for Release of Rs. 16,11,19,226/- and Interest on Delayed Refund. Petitioner entitled to refund of pre-deposit amount with interest under Article 226 of the Constitution of India.

16 Jul 2025

The petitioner, M/s. Flipkart India Private Limited, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus d...

Supreme Court

Supreme Court Allows Assessee's Appeal in VAT Classification Dispute — Mosquito Repellants, Insect Killers, Cleaners, and Antiseptic Liquid Classified Under Respective Entries at 4% VAT Rate. Products like Mortein Mosquito Coil, Mat, Liquid Vaporizer, Mortein Insect Killer, Harpic, Lizol, and Dettol Antiseptic Liquid are held to be classifiable under specific entries of Kerala VAT Act, 2003, attracting 4% tax, not higher residuary rate.

10 Apr 2023

The present appeal arises from a judgment of the Kerala High Court which dismissed the assessee's appeal and upheld the Commissioner's classification ...

High Court

High Court of Karnataka Dismisses Revision Petitions of Granite Dealer in VAT/CST Case — No Substantial Question of Law. Assessee failed to prove inter-State stock transfer; Tribunal's concurrent findings of fact upheld under Section 65(1) of KVAT Act, 2003.

6 Jul 2018

The petitioner, M/s. Shanthakoti Enterprises, a dealer engaged in extraction and sale of rough granite blocks from quarries in Chamarajanagar, filed r...

High Court

Karnataka High Court Allows Appeal in KVAT Penalty Case — Assessee's Goods in Transit Not Liable to Penalty Under Section 53(7) of KVAT Act, 2003. Goods Intercepted While Moving from Pune to Bangalore with Valid Invoice; Penalty Set Aside as No Contravention of Act Established.

5 Feb 2018

The appellant, M/s Jai Hind Ply, a proprietorship concern engaged in the sale of plywood, timber, and related materials, is registered under the Mahar...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Composition Tax Application Under KVAT Act. Rule 135(4) of KVAT Rules, 2005 restricting composition scheme for dealers selling liquor held ultra vires Section 15 of KVAT Act, 2003.

7 Nov 2017

The petitioner, M/s. Wonderla Holidays Limited, operates a composite business including an amusement park, a 3-star hotel, and a restaurant. It applie...

High Court

High Court of Karnataka Allows Writ Petition Challenging Clarification on Tax Rate for Blood Bank Equipments Under KVAT Act, 2003 — Goods Held to Fall Under Entry 61 of Third Schedule as Medical Equipment. The court quashed the Commissioner's clarification that Blood Collection Monitors, Blood Storage Refrigerators, Deep Freezers, Platelet Agitators with Incubators, Plasma Expressers, and Cryobaths are not medical equipment under Entry 61 of the Third Schedule to the Karnataka Value Added Tax Act, 2003.

11 Sep 2017

The petitioner, Aditya Surgical Co., a dealer in blood bank equipments and other medical equipments, filed a writ petition under Article 226 of the Co...

High Court

High Court of Karnataka Allows Partial Rebate Under KVAT Act for Dealer Selling Both Taxable and Exempted Goods — Section 17 Read with Rule 131 Applicable Even When Exempted Goods Are Sold Under Section 5(3) Notification. The court held that the expression 'exempted goods under Section 5' in Section 17 includes goods exempted under a notification issued under Section 5(3) of the KVAT Act.

10 Aug 2016

The petitioner, M/s Jindal Aluminium Ltd., a company incorporated under the Indian Companies Act, filed multiple revision petitions under Section 65(1...

High Court

High Court of Karnataka Quashes Re-Assessment Orders Denying Composition Scheme Benefit to Restaurant — Notice Based on Inspection Report Without Proper Opportunity of Hearing Violates Principles of Natural Justice. The court held that the impugned orders were passed without affording proper opportunity of hearing and remanded the matter for fresh consideration.

3 Jun 2016

The petitioner, Sri Anantha Padmanabha Bhat, proprietor of M/s SLV Corner, a vegetarian restaurant in Bangalore, opted to pay tax under the Compositio...

High Court

High Court of Karnataka Allows Revenue Appeals in KVAT Composition Tax Dispute — Limitation for Reopening Assessment Under Section 39(1) of KVAT Act, 2003 Is Four Years from End of Relevant Tax Period. Show-cause notice issued on 02/07/2010 for tax year ending 31/03/2007 is within limitation, not barred by delay.

5 Apr 2016

The case involves appeals by the Revenue (Assistant Commissioner of Commercial Taxes, Commissioner of Commercial Taxes, and State of Karnataka) agains...

High Court

High Court of Karnataka Allows Appeal in KVAT Act Classification Dispute — Authority for Clarification & Advance Rulings Not Properly Constituted Under Section 60. Product 'Yakult' Held Entitled to Benefit of Entry 19 of First Schedule as Milk Product, Taxable at 4% Not 14%.

30 Sep 2015

The appellant, Yakult Danone India Pvt Ltd, is the manufacturer of a product called 'Yakult', which it claimed is akin to 'lassi' and thus a milk prod...

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