Search Results for "KVAT Act, 2003"

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High Court

High Court of Karnataka Allows Assessee's Appeal in VAT Case — Revisional Authority's Order Set Aside for Lack of Proper Application of Mind. The Court held that the revisional authority under Section 64(1) of the Karnataka Value Added Tax Act, 2003 cannot set aside a first appellate order without recording a finding that the order is erroneous and prejudicial to the interests of revenue.

26 Jun 2018

The appellant, M/s Dhammanagi Property Developers, a partnership firm, filed Sales Tax Appeals under Section 66(1) of the Karnataka Value Added Tax Ac...

High Court

Karnataka High Court Quashes Penalty Orders in KVAT Act Case for Lack of Jurisdiction and Violation of Natural Justice. Penalty under Section 53(8) of KVAT Act cannot be imposed without assessment and opportunity of hearing.

3 Apr 2018

The petitioner, M/s B.L. Kashyap & Sons Ltd., a company engaged in civil works contracts, challenged orders dated 8.9.2017 passed by the Joint Commiss...

High Court

High Court of Karnataka Considers Legality of Penalty Imposed Under Section 10(b) of CST Act for Misuse of C-Forms in Cement Industry. Court Examines Whether Penalty is Sustainable When Purchased Goods Are Included in Registration Certificate and Used for Purposes Other Than Manufacturing.

24 Mar 2017

The High Court of Karnataka, Kalaburagi Bench, heard a sales tax appeal and connected revision petitions concerning the levy of penalty under Section ...

High Court

High Court of Karnataka Considers Penalty Under Section 10(b) of CST Act for Alleged Misuse of C-Forms. The Court Examined Whether Penalty is Leviable When Goods Were Covered in Registration Certificate and There Was No Dishonest Intention.

24 Mar 2017

The combined proceeding involved appeals and revision petitions against orders relating to penalty under the Central Sales Tax Act, 1956. Two dealers,...

High Court

Karnataka High Court Dismisses Revision Petitions in VAT Case — Land Cost Deduction at 40% Upheld. Assessee failed to prove actual land cost exceeding 40% of sale consideration under KVAT Act, 2003.

19 Nov 2015

The petitioner, M/s. Nandi Constructions, a builder and civil works contractor engaged in construction and sale of apartments, filed revision petition...

High Court

Karnataka High Court Allows State Appeal in VAT Classification Dispute — Vegit-Aloo Hara Bara Kebab Held Not a Vegetable Product. Classification under Karnataka Value Added Tax Act, 2003 depends on predominant ingredient and common parlance, not processing method.

20 Mar 2015

The State of Karnataka filed a writ appeal under Section 4 of the Karnataka High Court Act challenging the order of a learned Single Judge in Writ Pet...

High Court

High Court of Karnataka Allows State Appeal in VAT Classification Dispute — Vegit-Aloo Hara Bara Kebab Held Not Exigible to Tax Under Entry 82 of Schedule IV of KVAT Act, 2003. The court held that the product, being a mixture of dehydrated potato flakes and vegetables, does not fall under the specific taxing entry and is not exigible to tax.

20 Mar 2015

The State of Karnataka filed a writ appeal challenging the order of a learned Single Judge in Writ Petition No.40521/2010 dated 10.02.2011. The respon...

High Court

High Court of Karnataka Allows Writ Appeals Against Assessment Order Due to Violation of Natural Justice - Opportunity of Personal Hearing Held Insufficient Under KVAT Act. The court set aside the assessment order and remanded for fresh hearing after finding that refusal of adjournment without reasons and passing order the next day without assessee's participation violated natural justice.

18 Mar 2015

The appellant, ABB India Ltd., challenged assessment orders for the year 2013-14 under the Karnataka Value Added Tax Act, 2003. After filing objection...

High Court

High Court of Karnataka Allows Writ Appeals Against Reassessment Notice Under KVAT Act — Notice Issued Beyond Limitation Period Quashed. Reassessment notice under Section 52(1) of Karnataka Value Added Tax Act, 2003 for tax periods 2007-2008 and 2008-2009 issued on 09.01.2015 held barred by limitation as four-year period from end of tax period had expired.

18 Mar 2015

The appellant, M/s Paharpur Cooling Towers Ltd., is engaged in the business of construction, supply, erection and commissioning of cooling towers for ...

High Court

Karnataka High Court Allows Revenue's Revision Petition in Input Tax Credit Dispute Under KVAT Act — Input Tax Credit Denied for Purchases from Unregistered Dealers. The court held that input tax credit is not available for purchases from unregistered dealers under Section 9(2)(b) of the Karnataka Value Added Tax Act, 2003, and the assessee failed to produce tax invoices from registered dealers.

31 Jul 2014

The State of Karnataka, through the Department of Finance, filed revision petitions under Section 65(1) of the Karnataka Sales Tax Act, 1957, challeng...

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