Interstate purchase of capital goods not affect Section 15(1) benefit under Karnataka VAT

Venkateshwara Stone Crushers Vs State of Karnataka (Karnataka High Court)

It was held that interstate purchase of capital goods by the assessee shall not affect the benefit under Section 15(1) of Karnataka Value Added Tax Act, 2003.

FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT

Ms.Veena J.Kamath, learned advocate for the appellant and Shri Jeevan J.Neeralgi, learned AGA for the State jointly submit that the issue involved in this appeal is covered by the decision of this court in M/s. Ganapathi Stone Crushers Pvt.Ltd. Vs. State of Karnataka and Others W.A.No.2298/2018 (DD. 26.09.2022). Their submission is placed on record.

2. In view of the above, the following;

ORDER

(a) Common impugned order dated 07.11.2017 so far as W.P.No.9981/2016 is set-aside;

(b) Notices dated 09.12.2015 & 11.12.2015 (Annexures-E1 and E2) are set-aside holding that interstate purchase of capital goods by the assessee shall not affect the benefit under Section 15(1) of the KVAT Act (Karnataka Value Added Tax Act, 2003); and

(c) Parties shall be governed by the decision in SLP. No.(Diary No.)14920/2020 with liberty to the Revenue to take action in accordance with law, if it succeeds before the Apex Court.

Writ appeal is accordingly disposed of. No costs.

Notes:-

1 W.A.No.2298/2018 (DD. 26.09.2022)

2 Karnataka Value Added Tax Act, 2003