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2023 Supreme(SC) 204

M. R. SHAH, C. T. RAVIKUMAR
State of Karnataka – Appellant
Versus
Ecom Gill Coffee Trading Private Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shubhranshu Padhi, AOR Mr. Vishal Banshal, Adv. Mrs. Rajeshwari Shankar, Adv. Mr. Niroop Sukrithi, Adv. Mr. Md. Ovais, Adv.
For the Respondent(s): Mr. Swarnendu Chatterjee, AOR Mr. Pai Amit, AOR Ms. Pankhuri Bhardwaj, Adv. Mr. Rahat Bansal, Adv. Ms. Sonali Suryavanshi, Adv. Mr. Abhiyudaya Vats, Adv. Mr. K J Kamath, Adv. Mr. Bhargava V. Desai, AOR Mrs. Veena Kamath, Adv. Ms. Lekha, Adv. Ms. Devina Bhandari, Adv.

JUDGMENT :

M.R. SHAH, J.

1. As common question of law and facts arise in this group of appeals and the issue is with respect to interpretation of Section 70 of the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as the ‘KVAT Act, 2003’), all these appeals are decided and disposed of together, by this common judgment and order.

2. For the sake of convenience, Civil Appeal No. 231 of 2023 arising from the impugned judgment and order dated 26.02.2021 passed by the High Court of Karnataka at Bengaluru in S.T.R.P. No. 82 of 2018 is treated as the lead matter, as in some matters, the said decision has been relied upon.

3. By the impugned judgment(s) and order(s) passed by the High Court, the High Court has dismissed the revision applications preferred by the revenue – State of Karnataka and as such has allowed the Input Tax Credit (hereinafter referred to as the ‘ITC’) claimed by the respective purchasing dealers. The impugned judgment(s) and order(s) passed by the High Court are the subject matter of present appeals.

Civil Appeal No. 231/2023 (The State of Karnataka v. M/s Tallam Apparels)

4. The facts leading to the present appeal in nutshell are as under:

That the respondent h


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