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Search Results for "KVAT Rules"

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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 Dismisses Petitions Challenging Amendment to Section 10(3) of KVAT Act, 2005 — Restriction on Input Tax Credit for Inter-State Purchases Upheld. The court held that the amendment is a valid legislative measure to prevent tax evasion and does not violate Article 14 of the Constitution.

29 Mar 2016

The case involves a batch of writ petitions filed by various companies, including Sonal Apparel Private Limited and Hindustan Coca Cola Beverages Priv...

High Court

High Court Allows Revision in KVAT Input Tax Credit Dispute — Assessee Entitled to Compute ITC on Books of Account and Claim Rebate for Research Division Purchases. The court held that the assessee could compute input tax credit based on books of account under Sections 11, 14, 17 of KVAT Act and was entitled to rebate for purchases by its ancillary research division.

26 Feb 2016

The petitioner, M/s. Hindustan Unilever Ltd., filed revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) again...

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 Appeals in Tax Exemption Dispute — Remands for Fresh Consideration of Re-assessment Orders. The court held that the Government Order granting tax exemption under the KVAT Act was valid and binding, and the re-assessment orders passed without considering the exemption were unsustainable.

16 Dec 2015

The appellants, Nandi Infrastructure Corridor Enterprise Limited and others, filed writ appeals against an order dated 12.12.2014 passed by a learned ...

High Court

High Court of Karnataka Allows Revision Petitions in VAT Tax Holiday Dispute — Hybrid Micro Circuits Held Eligible as Information Technology Product Under State Policy. The court held that the product falls within the definition of 'Information Technology' under the notifications dated 21.8.1997 issued under the Karnataka Sales Tax Act, 1957 and Central Sales Tax Act, 1956, entitling the assessee to a ten-year tax holiday.

5 Nov 2015

The petitioner, Centum Electronics Limited, is a company engaged in the manufacture and sale of 'Hybrid Micro Circuits' and is registered under the Ka...

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