M/S Maangalaya Constructions vs. Deputy Commissioner Of Commercial Taxes

WP/9133/2020HC KarnatakaGSTCNR KAHC01022261202001 October 2020Bench: HEMANT CHANDANGOUDAR11 pages
For Petitioner: Sri Sanmathi E I, AdvocateFor Respondent: Sri Hema Kumar, AGA
AI SummaryPartly Allowed

Held

The Court held that while the rectification of the tax amount was permissible under Section 69(1) of the KVAT Act, levying penalty and interest on the petitioner for a mistake not attributable to them was incorrect. The amount already paid under the waiver scheme was also to be deducted.

Facts

The petitioner availed excess input tax credit due to a mistake by the predecessor in office. After settling arrears under a waiver scheme, the respondent attempted to rectify the mistake under Section 69(1) of the KVAT Act, demanding tax, penalty, and interest. The petitioner challenged this demand.

Key Issues

Whether the Assessing Authority can levy penalty and interest when rectifying a mistake apparent from the record, which was caused by a predecessor's error. Whether payments made under a waiver scheme should be deducted from the rectified tax demand.

Sections Cited

Section 69(1), Section 39(1)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2020 BEFORE THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.9133/2020 (T-RES) Between: M/s. Maangalaya Constructions Now r/at No.62, Kedia Arcade Basement, Infantry Road Bangalore-560 001 Rep. by its Director. ... Petitioner (By Sri Sanmathi E I, Advocate) And: 1. Deputy Commissioner of Commercial Taxes (Audit) 1.7 DGSTO-1 Bengaluru-560001. 2. Commissioner of Commercial Taxes in Karnataka Vanijya Therige Karyalaya 1st Main, Gandhinagar Bangalore-560 009. ... Respondents (By Sri Hema Kumar, AGA) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed under Section 69(1) read with Section 39(1) of the Act and the consequential notices of 2 demand both dated 9.7.2020 for tax periods April 2015 to March 2016 being Annexures-L and M by respondent No.1. This writ petition coming on for further hearing, this day, the Court made the following:

Petitioner states that, it is involved in the business of construction and had file

The judgment continues below.

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Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.