2024-VIL-489-KAR
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VAT High Court Cases

Karnataka Value Added Tax Act, 2003 – Scope of Section 19(1) of the KVAT Act, 2003 – Reversal of input tax credit on account of loss of input - Disallowance of Input Tax Credit on loss of iron ore on account of transportation, handling, processing, ground loss – Whether the Tribunal was right in disallowing ITC on normal loss/material loss due to spillage, ground loss, and during transportation – HELD - Section 19(1) of the KVAT Act does not provide for any exception from reversal of input tax credit when the goods are not used in the course of business or lost or destroyed, with reference to any nature of business, circumstances or situation - It is settled position of law, while interpreting the fiscal statute, the provision has to be read on its plain text without reading in or reading out words. In the absence of Section 19(1) of the KVAT Act providing any exceptions depending on situations or circumstances or nature of business from repayment of input tax, the contention of the petitioner that goods were lost due to spillage, transportation, while grading and separation and moisture loss and the same would not fall within the scope of “lost or destroyed” as is referred to Section 19(1) of the KVAT Act and not liable to repay the input credit in terms of Section 19(1) of the KVAT Act, is not acceptable - The contention of the petitioner that loss of Iron ore due to transportation, handling, processing, ground loss, would not constitute “lost” in terms of Section 19(1) of the KVAT Act, is not correct - the finding recorded by the authorities and the Tribunal does not call for interference - The petition is dismissed
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