M/S Bando (INDIA) Private LTD vs. The State Of Karnataka

STA/138/2016HC KarnatakaGSTCNR KAHC01050235201603 August 2018Bench: S.SUJATHA,VINEET KOTHARI10 pages
For Respondent: MR.VIKRAM.A.HUILGOL, HCGP
AI SummaryAllowed

Held

The High Court held that electrical and electronic goods used for generating electricity within the factory for manufacturing activity are eligible for ITC. The previous ruling denying ITC was set aside.

Facts

The assessee sought input tax credit (ITC) on electrical goods and civil/erection work used for setting up a new power connection. The Authority for Clarification and Advance Rulings denied ITC, stating the items were not used for manufacture or sale.

Key Issues

Whether input tax credit is admissible for electrical goods used for setting up a power connection for manufacturing activities, despite being listed in a schedule restricting ITC.

Sections Cited

Section 11(a)(3), Schedule 5

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1/10 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF AUGUST, 2018 BEFORE THE HON’BLE DR JUSTICE VINEET KOTHARI AND THE HON’BLE MRS.JUSTICE S.SUJATHA STA NO.138/2016 BETWEEN: M/S. BANDO (INDIA) PRIVATE LTD., REPRESENTED BY ITS DIRECTOR SRI.YOHEI SHIMIZU AGED ABOUT 38 YEARS PLOT NO.275 TO 279 NARASAPURA INDUSTRIAL AREA KOLAR DIST – 563 133. ... APPELLANT (BY MR.SHANKARE GOWDA.M.N, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE COMMISSIONER OF COMMERCIAL TAXES VANIJYA THERIGE KARYALAYA 1ST MAIN ROAD, GANDHINAGAR BENGALURU – 560 009 ... RESPONDENT (BY MR.VIKRAM.A.HUILGOL, HCGP) THIS STA IS FILED UNDER SEC.66(1) OF THE KVAT ACT AGAINST THE

DATED 23.02.2016 PASSED IN

Date of Judgment 03-08-2018 STA.No.138/2016

M/s. Bando (India) Private Ltd., Vs. The State of Karnataka

2/10

NO.AR.CLR.CR.14/2015-16, ON THE FILE OF AUTHORITY FOR CLARIFICATION AND ADVANCE RULING

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.