The State Of Karnataka vs. Mukund Limited
Held
The High Court held that the right to claim Input Tax Credit is indefeasible and no time limit is prescribed under Section 10(3) of the KVAT Act for availing it. Therefore, belated claims for Input Tax Credit are entertainable.
Facts
The Karnataka Appellate Tribunal allowed appeals, setting aside orders of the first appellate and assessing authorities. The matter was remanded for fresh orders, accepting the Net Input Tax Credit declared by the assessee and allowing Input Tax Credit for invoices of previous months claimed in subsequent months.
Key Issues
Whether belated claims for Input Tax Credit are permissible under Section 10(3) of the KVAT Act, and if there is any time limit for availing such credit.
Sections Cited
Section 10(3)
AI-generated summary — verify with the full judgment below
- 1 -
NC: 2023:KHC-D:14780-DB STRP No. 100009 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF DECEMBER, 2023 PRESENT THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL SALE TAX REVISION PETITION NO. 100009 OF 2023 BETWEEN: THE STATE OF KARNATAKA REPRESENTED BY ITS JOINT COMMERCIAL TAXES (APPEALS) DAVANGERE AND ANOTHER …PETITIONER
(BY SRI.GANGADHAR.J.M. AAG A/W SMT. GIRIJA HIREMATH, HCGP)
AND: MUKUND LIMITED HOSAPETE ROAD, GINIGERA, KOPPAL DISTRICT- 583228 …RESPONDENT (BY SRI.T.SURYANARAYA, SENIOR COUNSEL FOR SRI. H.R.KAMBIYAVAR, ADVOCATE AND SRI. JITENDRA C.P, ADVOCATE)
THIS STRP FILED U/SEC. 65(1) FO THE KARNATAKA SALES TAX ACT, 1957, PRAYED THAT THIS HON’BLE COURT MAY KINDLY BE PLEASED TO ALLOW THE SALES TAX REVISION PETITION AND SET ASIDE THE IMPUGNED ORDERS PASSED BY THE HON’BLE KARNATAKA APPELLATE TRIBUNAL DATED 25.01.2023 IN STA NO.74/2018 AND 75/2018 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, S.SUNIL DUTT YADAV, J., MADE THE FOLLOWING:
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.