M/S Jognics vs. Addl. Commissioner Of

STA/4/2021HC KarnatakaGSTCNR KAHC01040737202016 December 2021Bench: S.SUJATHA,S VISHWAJITH SHETTY11 pages
For Respondent: SRI JEEVAN J. NEERALGI, ADV
AI SummaryRemanded

Held

The Court held that denying input tax credit solely because selling dealers did not file returns or pay tax is insufficient unless the transactions are proven to be non-genuine or fictitious. The burden of proof lies on the assessee, but authorities must analyze the genuineness of transactions.

Facts

The assessee claimed input tax credit based on invoices from selling dealers. The assessing authority denied this credit, stating some selling dealers did not furnish tax compliance. The first appellate authority partly allowed the appeal, but the revisional authority set aside this order and restored the re-assessment order.

Key Issues

Whether input tax credit can be denied solely on the ground that selling dealers failed to file returns or pay tax, without proving the transactions are not genuine. Whether the revisional authority had jurisdiction to set aside the first appellate authority's order without proper analysis of transaction genuineness.

Sections Cited

Section 39(1), Section 39(2), Section 64(1), Section 70

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF DECEMBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

S.T.A.No.4/2021

BETWEEN :

M/s JOGNICS NO.14/1, SUBRAMANYAPURA ROAD UTTARAHALLI, BENGALURU-560 061 REP BY ITS PROPRIETOR SRI C.JAGANNATHA S/O LATE CHIKANNA

AGED ABOUT 65 YEARS

...APPELLANT

(BY SRI M.THIRUMALESH, ADV.)

AND :

1 . ADDL. COMMISSIONER OF COMMERCIAL TAXES, ZONE-II 6TH FLOOR, VANIJYA TERIGE KARYALAYA GANDHINAGAR, BENGALURU-560 009

2 . ASST. COMMISSIONER OF COMMERCIAL TAXES, (AUDIT)-2.5 DVO-2, NO.642, PIONEER PLAZA, TEMPLE ROAD, RAJARAJESHWARINAGAR BENGALURU-560 098

…RESPONDENTS

(BY SRI JEEVAN J. NEERALGI, ADV.) THIS STA IS FILED UNDER SECTION 66(1) OF THE KVAT ACT, 2003 AGAINST THE ORDER DATED 23.01.2020 PASSED IN NO.ADCOM/ZONE-II/APP-2/SMR/CR-31/2019-20 ON THE FILE OF THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES ZONE-II, GANDHINAGAR, BANGALORE SETTING ASIDE THE ORDER DATED 26.03.2018 PASSED IN VAT.AP.No.1279/2015-16 BY THE JOINT COMMISSIONER OF COMMERCIAL TAXES (APPEALS) 2

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