VidhiSangh

Supreme Court of India · 13/03/2023

THE STATE OF KARNATAKA versus M/S ECOM GILL COFFEE TRADING PRIVATE LIMITED

[2023] 2 S.C.R. 647 · 2023 INSC 212

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Summary

Purchasing dealers in Karnataka claimed input tax credit under the Karnataka Value Added Tax Act, 2003 on purchases from sellers later found deregistered, filing nil returns, or denying the sales; the Assessing Officers disallowed the credit, but the Tribunal and the Karnataka High Court allowed it because the purchasers had produced tax invoices and in some cases paid by cheque. The Supreme Court allowed the State's appeals: under Section 70 the burden of proving the correctness of an input tax credit claim lies squarely on the purchasing dealer and never shifts to the revenue; mere invoices or proof of payment are insufficient, and the dealer must prove the genuineness of the transaction and the actual physical movement of goods through the seller's particulars, vehicle details, freight payment and delivery acknowledgments.

Issues

  1. Whether a purchasing dealer discharges the burden of proof under Section 70 of the Karnataka Value Added Tax Act, 2003 for claiming input tax credit merely by producing tax invoices and proof of payment by cheque, where the genuineness of the purchases is doubted because the selling dealers were deregistered, filed nil returns or denied the sales.

Provisions considered

Held

Result

Appeals allowed with no order as to costs; judgments of the Karnataka High Court and of the Karnataka Appellate Tribunal allowing input tax credit quashed and set aside; orders of the Assessing Officers denying the credit, as confirmed by the first appellate authority, restored.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 647.