Case LawCivil Appeal Nos. 15049-15069 of 2017
State of Karnataka Vs M.K. Agro Tech Pvt. Ltd
- Court:
- Supreme Court
- Date:
- September 21, 2017
- Type:
- Civil Appeal
- Members:
- A.K. SIKRI
Subject
By-Product Sale Exempt from Output Tax Attracts Partial Input Tax Rebate under KVAT Act
Input Tax Credit
Summary
The Supreme Court has allowed the appeals, setting aside the High Court's judgment. The Court held that Section 17 of the KVAT Act, which pertains to partial input tax rebate, applies when a dealer sells both taxable goods and exempted goods, irrespe…
Judgement
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER In these appeals, a short but interesting question of law arises for consideration. It pertains to the construction of Section 17 of the Karnataka Value Added Tax (Act), 2003 [hereinafter referred to `KVAT Act’] read with Rule 131 of the Karnataka Value Added Tax Rules, 2005 (hereinafter referred to as the `KVAT Rules, 2005′). 2) The respondent is the…