M/S. G.G. Tronics INDIA PVT. LTD. vs. The Assistant Commissioner Of Commercial Taxes

WP/48369/2017HC KarnatakaGSTCNR KAHC01017084201725 July 2019Bench: S.SUJATHA5 pages
For Petitioner: Sri.Jeevan.J.Neeralgi, AdvocateFor Respondent: Sri.T.K.Vedamurthy, AGA
AI SummaryPartly Allowed

Held

The Court held that rejecting ITC solely based on the month the invoice was raised is unjustifiable, following its prior ruling in Sonal Apparels. The impugned order was set aside.

Facts

The petitioner claimed Input Tax Credit (ITC) under Section 10(3) of the KVAT Act for tax periods April 2013-March 2014 and April 2014-March 2015. The assessing officer rejected this claim, relying on a previous court order.

Key Issues

Whether Input Tax Credit can be denied if not disclosed in the invoice of a particular month, contrary to established legal position.

Sections Cited

Section 10(3), Section 10(5), Section 20

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF JULY, 2019

BEFORE

THE HON’BLE MRS.JUSTICE S.SUJATHA

WRIT PETITION NO.48369 OF 2017 AND WRIT PETITION NO.51231 OF 2017(T-RES)

BETWEEN:

M/s.G.G.Tronics India Pvt. Ltd., Plot No.10, 6th Main, 3rd Phase, Peenya Industrial Area, Bengaluru – 560058. (A Private Limited Company incorporated under The Companies Act, 1956 and represented by its Authorised Signatory) ... Petitioner (By Sri.Jeevan.J.Neeralgi, Advocate)

AND :

1.

The Assistant Commissioner of Commercial Taxes,

1st Floor, 1st Block, KIADB Building,

Peenya 2nd Stage,

LVO-075

Bengaluru – 560058. 2

2.

The State of Karnataka,

Represented herein by the Principal Secretary – Finance Department,

Government of Karnataka,

Vidhana Soudha,

Bengaluru – 560001. … Respondents (By Sri.T.K.Vedamurthy, AGA)

These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to declare that Section 10(3) of the KVAT Act envisages computation of a dealer’s net tax liability by deducting the input tax paid on its purchases from its output tax liability, irrespe

The judgment continues below.

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