VidhiSangh

Supreme Court of India · 02/07/2019

M/S CRAFT INTERIORS (P) LTD. versus THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE) & ANR.

[2019] 8 S.C.R. 899 · 2019 INSC 712

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The same-form deduction for tax-paid goods used in works contracts under Karnataka Sales Tax Rule 6(4)(m)(i), read with Explanation III, was consistent with charging Section 5B. Goods retaining their commercial identity were distinguished from a new commercial commodity manufactured from previously taxed inputs. The rule’s validity was upheld, while the assessee’s objections to provisional assessments and factual entitlement to deductions were left to the assessment proceedings.

Issues

  1. Whether the same-form condition for works-contract deductions exceeded charging Section 5B.
  2. Whether the assessee’s entitlement and objections to provisional assessment should be decided in these proceedings.

Provisions considered

Held

Result

Appeal dismissed. Assessing authority may independently proceed on the notices dated 8 November 2002, without being influenced by the Court’s observations, after hearing the assessee, and conclude expeditiously in accordance with law. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 899.