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of <h1>Input Tax Credit Denied: Form VAT 240 Must Be Included in Monthly Returns Under KVAT Act for Valid Claims.</h1> <h3>M/s. Mfar Constructions Pvt. Ltd., M/s. ANS Constructions Ltd., M/s. Mangalore Force Urwa Store Road Versus The Additional Commissioner Of Commercial Taxes Zone-II, Deputy Commissioner Of Commercial Taxes Bangalore, State Of Karnataka Department Of Finance Bengaluru</h3> M/s. Mfar Constructions Pvt. Ltd., M/s. ANS Constructions Ltd., M/s. Mangalore Force Urwa Store Road Versus The Additional Commissioner Of Commercial ... Issues Involved:1. Whether the appellant company is entitled to claim input tax credit based on Form VAT 240 despite not claiming it in the monthly returns.2. Whether the interpretation of Section 10(3) of the KVAT Act by the Commissioner of Commercial Taxes and the learned Single Judge is correct.3. Whether the denial of input tax credit based on Form VAT 240 results in discrimination among dealers and violates the scheme of the KVAT Act.4. Whether the reliance on previous judgments by the learned Single Judge was appropriate.Issue-Wise Detailed Analysis:1. Entitlement to Claim Input Tax Credit Based on Form VAT 240:The appellant company, engaged in civil works and registered under the KVAT Act, claimed input tax credit based on audited accounts in Form VAT 240. The company argued that it had complied with the statutory requirements by submitting the audited statement within the prescribed nine-month period. However, the Commissioner of Commercial Taxes initiated revisional proceedings and denied the input tax credit, stating that the input tax credit must be claimed in the monthly returns and not based solely on Form VAT 240. The court upheld this interpretation, emphasizing that Form VAT 240 is not a substitute for the mandatory returns required under Section 35 of the KVAT Act.2. Interpretation of Section 10(3) of the KVAT Act:The court examined the legislative intent and statutory provisions, including Section 10(3) and Section 35 of the KVAT Act. It was held that the input tax credit must be claimed within the prescribed period and reflected in the monthly returns. The court rejected the appellant's argument that the audited statement in Form VAT 240 could serve as the basis for input tax credit, reiterating that the statutory provisions mandate strict compliance with the filing of returns to determine tax liability.3. Discrimination Among Dealers:The appellant argued that denying input tax credit based on Form VAT 240 would create discrimination between dealers required to file the form and those who are not. The court dismissed this argument, stating that the statutory provisions apply uniformly to all dealers, and the requirement to file Form VAT 240 for dealers with a turnover exceeding Rs. 100 lakhs does not entitle them to claim input tax credit outside the prescribed period. The court emphasized that Form VAT 240 is an audited statement, not a return, and cannot replace the mandatory returns required for claiming input tax credit.4. Reliance on Previous Judgments:The court reviewed the reliance on previous judgments, including the case of State of Karnataka vs. Centum Industries Pvt. Ltd., and Infinite Builders and Developers vs. Additional Commissioner of Commercial Taxes. The court found that these judgments supported the interpretation that input tax credit must be claimed in the returns filed within the prescribed period and not based solely on audited statements. The court also distinguished the cases cited by the appellant, noting that they were either not applicable to the KVAT Act or involved different factual circumstances.Conclusion:The court concluded that the appellant company is not entitled to claim input tax credit based on Form VAT 240 without reflecting it in the monthly returns. The interpretation of Section 10(3) by the Commissioner of Commercial Taxes and the learned Single Judge was upheld, and the denial of input tax credit based on Form VAT 240 was found to be consistent with the statutory provisions. The court dismissed the writ appeals, affirming that Form VAT 240 cannot replace the mandatory returns required for claiming input tax credit under the KVAT Act.
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