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2015 (9) TMI 631 - KARNATAKA HIGH COURT

2015 (9) TMI 631 - KARNATAKA HIGH COURT - TMI - Denial of input tax deduction Bogus or false invoices Respondent-Authority vide impugned order disallowed input tax deduction as claimed by petitioner on ground that invoices produced by petitioner was based on fake or duplicate invoices Held that:- petitioner had claimed input tax credit however said claim was disallowed by after verifying records and finding that invoice which was relied upon by petitioner to claim input tax credit was bogu .....

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) - Dated:- 12-3-2015 - MR. Aravind Kumar, J. For The Petitioner : SRI Thirumalesh M., Advocate For The Respondent : SRI T.K. Vedamurthy, HCGP ORDER Heard Sri Thirumalesh, learned Advocate appearing for petitioner and Sri Vedamurthy, learned HCGP appearing for respondents. 2. Petitioner is questioning the re-assessment orders dated 06.05.2014 passed under Section 39(2) read with Sections 72(2) and 36/37 of the Karnataka Value Added Tax Act, 2003 (for short KVAT Act ) for the assessment years 201 .....

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ed by petitioner which has been disallowed by respondent - authority on the ground that invoices produced by petitioner claiming such input tax is based on fake or duplicate invoices, matter is taken up for consideration and disposed of by this order. 4. Perusal of the impugned orders would indicate that petitioner- assessee had claimed in put tax credit on the purchases made from M/s.KRS Coco Products and M/s Agro Coconut products, Tiptur and in respect of invoices for the periods indicated in .....

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er to the Government and turnover declared by the supplier was not found included in the sales turnover of dealer. It was also found by the assessing officer that invoices produced by the petitioner - assessee seeking input tax credit was based on false invoices. Hence, assessing officer held that deduction of input tax claimed by petitioner is not required to be allowed. It is also held by assessing officer that unless the tax invoice, debit note or credit note in relation to a sale has been is .....

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th regard to genuineness of the invoices produced by it and on account of said opportunity having been denied to the petitioner by the assessing officer in the re-assessment proceedings, input tax credit claimed by petitioner her been erroneously disallowed. Hence, he submits that if an opportunity is extended to the petitioner, it would demonstrate before the assessing officer that documents produced and claim for input tax credit made is in conformity with the statutory provisions of KVAT Act .....

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availed input tax credit to the tune of ₹ 2,79,884/- and for the tax period of August, 2011 a sum of ₹ 7,600/- respectively. Said claim came to be disallowed by the assessing officer after verifying the records and finding that invoice which was relied upon by petitioner to claim input tax credit is a bogus invoice or a false invoice. In other words, assessing officer has found that in the turnover declared by the supplying dealer of the assessee for the remaining tax periods are no .....

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