The State Of Karnataka vs M/S Biesse Manufacturing Co Pvt Ltd on 24 February, 2025

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(PER: HON’BLE MR JUSTICE KRISHNA S DIXIT)

Revenue is invoking the revisional jurisdiction of this

court u/s.65(1) Karnataka Value Added Tax Act, 2003 for

assailing Appellate Tribunal’s order dated 24.03.2021

whereby Respondent-Assessee’s Appeal in STA

No.194/2019 having been favoured, in effect, he has been

entitled to input tax credit; further the levy of interest and

imposition of penalty have been set at naught.

II. BRIEF FACT MATRIX OF THE CASE:

(1) Assessee is a registered dealer under 2003 Act.

He is engaged in the manufacture & sale of inter alia
wood cutting machines and such other instruments that

NC: 2025:KHC:8188-DB

are employed in furniture industries. He had filed a Self
Assessment Return u/s.38 of the 2003 Act for the
Assessment Year 2011-12. The Assessing Authority
having undertaken re-assessment u/s.39(1), rejected
his claim for Input Tax Credit vide order dated
01.03.2018 on the ground that his selling dealers had
not filed their returns nor discharged their output tax
liability by remitting the tax amount to the department.



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