M/S Jain Steels And Alloys vs. The Assistant Commissioner

WP/50880/2019HC KarnatakaGSTCNR KAHC01049121201919 November 2019Bench: S.SUJATHA9 pages
For Petitioner: SRI K.M.SHIVAYOGISWAMY, ADVFor Respondent: SRI T.K.VEDAMURTHY, AGA
AI SummaryRemanded

Held

The Court held that input tax credit cannot be denied solely because the selling dealer failed to deposit taxes, especially when the purchasing dealer's transactions are genuine. The factual aspect of whether the petitioner discharged the burden of proving payment of taxes needs reconsideration.

Facts

The petitioner sought to quash a reassessment order disallowing input tax credit. The denial was primarily because the selling dealer had not deposited the collected taxes and had not filed returns. The petitioner argued that their transactions were genuine and bona fide.

Key Issues

Whether input tax credit can be denied to a purchasing dealer if the selling dealer has not deposited the collected taxes, despite the purchasing dealer's transactions being genuine. Whether the petitioner discharged the burden of proof regarding payment of taxes to the selling dealer.

Sections Cited

Section 70

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 19TH DAY OF NOVEMBER, 2019 BEFORE: THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50880/2019 (T – RES) BETWEEN: M/s. JAIN STEELS AND ALLOYS MFRS. & REPROCESSING OF STEEL BARS KIADB INDUSTRIAL AREA II STAGE, ANTHARASANAHALLI TUMKUR-572106 REP. BY ITS PARTNER SRI ASHISH KUMAR JAIN AGED 32 YEARS. …PETITIONER (BY SRI K.M.SHIVAYOGISWAMY, ADV.) AND: THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES [AUDIT]-1, II FLOOR COMMERCIAL TAXES COMPLEX SIDDESHWARA EXTN., NEAR SUKRUTHA HOSPITAL TUMKUR-572103. …RESPONDENT (BY SRI T.K.VEDAMURTHY, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED REASSESSMENT

ORDER PASSED BY THE RESPONDENT AUTHORITY UNDER THE PROVISIONS OF THE KVAT ACT IN RELATION TO THE ASSESSMENT PERIOD 2014-15 DATED 30.03.2019 AND THE CONSEQUENTIAL DEMAND NOTICE ISSUED THERETO DATED 30.03.2019 VIDE ANNEXURE-F AND G RESPECTIVELY INSOFAR AS IT RELATES TO DISALLOWANCE OF INPUT TAX CREDIT; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY,

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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.