M/S Biesse Manufacturing Co PVT LTD. vs. State Of Karnataka
Held
The court held that the impugned assessment orders denying Input Tax Credit (ITC) were illegal and unsustainable. The matters were restored to the Assessing Authorities for fresh orders in accordance with the law as interpreted.
Facts
The petitioner challenged amendments to Section 10(3) of the KVAT Act, 2003, arguing they were unconstitutional. The court noted the assessment period predated the amendments.
Key Issues
The primary issue was the denial of Input Tax Credit (ITC) based on interpretations of Section 10(3) of the KVAT Act, 2003, and the applicability of subsequent amendments.
Sections Cited
Section 10(3), Section 35(4), Section 62
AI-generated summary — verify with the full judgment below
1/20 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Dated this the 6th day of February, 2018
Before
THE HON’BLE DR JUSTICE VINEET KOTHARI
Writ Petition Nos.54523/2016 & 61008-61018/2016 (T-RES)
Between: M/s. Biesse Manufacturing Co. Pvt. Ltd., Survey No.32, No.469, Jakkasandra Village Sondekoppa Road, Nelamangala Bengaluru - 562 123 (Represented by its CFO Sri K.V. Prashanth aged about 43 years S/o Sri K.B. Virupakshaiah).
... Petitioner
(By Mr. Sharath S, for Mr. Chythanya K.K. Advocate)
And:
State of Karnataka Represented by the Commissioner of Commercial Taxes, VTK Building Gandhinagar, Bengaluru - 560 009. 2. The Assistant Commissioner of Commercial Taxes (Audit) 6. 7. DVO-6, KIADB Complex, Block-B Peenya Industrial Area,
Date of Order 06-02-2018 W.P.Nos. 54523/2016 & 61008-018/2016 M/s. Biesse Manufacturing Co. Pvt. Ltd., Vs.
The judgment continues below.
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