M/S Mangalore Force vs. The Assistant Commissioner Of
Held
The Court held that Form VAT 240, being an audited statement of accounts, cannot be considered a tax return. Claiming input tax credit is mandatory through the filing of returns within the prescribed time limits.
Facts
Appellants claimed input tax credit based on audited statements (Form VAT 240) rather than in their regular tax returns. The tax authorities and the Single Judge held that Form VAT 240 is not a return and input tax credit must be claimed in the prescribed returns.
Key Issues
Whether an audited statement of accounts (Form VAT 240) can be treated as a tax return for claiming input tax credit. Whether filing tax returns within the prescribed time is mandatory for claiming input tax credit.
Sections Cited
Section 31, Rule 34, Section 39, Section 72, Section 36, Section 64, Section 10, Section 35
AI-generated summary — verify with the full judgment below
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF FEBRUARY, 2021
PRESENT
THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
AND THE HON'BLE MR. JUSTICE V.SRISHANANDA
WRIT APPEAL NO.309/2020 C/W WRIT APPEAL NO. 386/2020 WRIT APPEAL NO. 4039/2019 (T-RES)
IN WRIT APPEAL NO.309/2020
BETWEEN:
M/S MFAR CONSTRUCTIONS PVT. LTD., NO.8 AND 8A, AVS COMPOUND, 80 FEET ROAD, 4TH CLOCK, KORAMANGALA, BENGALURU-560034 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRI FAYAZ KAMALUDDIN, S/O LATE K.P.KAMALUDDIN, AGED ABOUT 50 YEARS.
…APPELLANT
(BY SRI.G.SHIVADASS, SR. ADV., FOR SRI.H.Y.HARISH, ADV.)
AND:
THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES ZONE-II 6TH FLOOR, VANIJYA THERIGE KARYALAYA-1
2
GANDHINAGAR, BENGALURU-560 009
DEPUTY COMMISSIONER OF COMMERCIAL TAXES AUDIT-4.5, DVO-4, ROOM NO.204 2ND FLOOR, VTK-2, KORAMANGALA, BANGALORE-560 047
STATE OF KARNATAKA DEPARTMENT OF FINANCE, BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001
… RESPONDENTS
(BY SRI.VIKRAM HUILGOL, AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH CO
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