KIRLOSKAR ELECTRIC CO. LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present batch of writ petitions is being disposed of by a common judgment as they involve common question of law.

(2.) The facts are illustratively taken from Writ Petition Nos.58917-928/2016 (Kirloskar Electric Co. Ltd. v. State of Karnataka) and a reference is made to the Statement of Objections filed by the Respondent State in Writ Petition Nos. 26337-348/2017 (Micromatic Grinding Technologies Ltd. v. State of Karnataka) .

(3.) Though the controversy in hand has been dealt with and the relevant provisions of Section 10(3) of the Karnataka Value Added Tax Act, ("KVAT Act, 2003" for short) had come up for interpretation before this Court in some of the judgments rendered by this Court including the Division Benches, the controversy does not appear to have died-down even with these judgments, as the Assessing Authorities of the Respondent Department have continued to disallow the Input Tax Credit (ITC) under Section 10(3) of the KVAT Act, 2003 on the ground that the claim of Input Tax Credit against the Output Tax Liability of the assessees did not pertain to the same 'Tax period' for which Output Tax Liability and Net Tax Liability was to be determined in accordance with Section 10(3) of the Act and assailing these assessment/re-assessment orders, this batch of several writ petitions came to be filed before this Court and after hearing both the sides, they are being disposed of by this common judgment.