M/S Fresh And Honest Cafe Limited vs. The Deputy Commissioner

WP/51539/2019HC KarnatakaGSTCNR KAHC01051822201903 December 2019Bench: S.SUJATHA7 pages
For Petitioner: SMT.APARNA NANDAKUMAR, ADV. FOR SRI MANOHAR.N., ADVFor Respondent: SRI T.K.VEDAMURTHY, AGA
AI SummaryDismissed

Held

The Court held that a mistake in a Chartered Accountant's certificate (VAT Form 240) is not a 'mistake apparent from the record' for rectification under Section 69(1). Factual disputes require adjudication by the Appellate Authority, not writ jurisdiction.

Facts

The petitioner sought to quash an endorsement rejecting their rectification application concerning an audited statement of accounts (VAT Form 240). The petitioner claimed a mistake in reporting ineligible income tax deduction, which they argued pertained to TDS. The Assessing Authority denied input tax credit based on this form.

Key Issues

Whether a mistake in a Chartered Accountant's certificate qualifies as a 'mistake apparent from the record' for rectification under Section 69(1) of the Act, and whether disputed factual matters can be adjudicated in writ proceedings.

Sections Cited

Section 69(1), Section 63[4]

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE: THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51539/2019 (T – RES) BETWEEN: M/s. FRESH AND HONEST CAFÉ LIMITED MUNICIPAL No. NEW 4, OLD No.13 AND 14 GANESH MANDIR, 2ND MAIN GEDDALAHALLI WARD No-100 SANJAY NAGAR BANGALORE REP. BY ITS MANAGER-TAXATION. …PETITIONER (BY SMT.APARNA NANDAKUMAR, ADV. FOR SRI MANOHAR.N., ADV.) AND: 1. THE DEPUTY COMMISSIONER [CT] [AUDIT-5.5], DVO-5, ‘B’ BLOCK V.T.K-2, KORMANGALA BANGALORE-47. 2. THE BANK MANAGER STATE BANK OF INDIA MANDAPETA, MAIN ROAD EG DISTT EAST GODAVARI ANDHRA PRADESH-533308. …RESPONDENTS (BY SRI T.K.VEDAMURTHY, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF THE IMPUGNED ENDORSEMENT PROCEEDINGS DATED 16.8.2019 FROM THE FILES OF THE IRST RESPONDENT HEREIN QUASH THE SAME ANNEXURE-F; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:- - 2 -

Learned Additional Government Advocate accepts notice for the respondent No.1. 2.

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.