State Of Karnataka vs. M/S Lioyd Insulations (INDIA) Limited

WA/3673/2016HC KarnatakaGSTCNR KAHC01011115201622 December 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA3 pages
AI SummaryDismissed

Held

The Court held that the assessee is entitled to the benefit of input tax credit even if it is claimed belatedly. This decision was based on the reasoning in a prior related case.

Facts

The appeal concerns whether an assessee is entitled to Input Tax Credit (ITC) when claimed belatedly. The High Court had previously considered similar questions in another case.

Key Issues

The key legal issue was whether belated claims for Input Tax Credit are permissible.

Sections Cited

None

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF DECEMBER, 2022 PRESENT THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR AND THE HON’BLE MR. JUSTICE UMESH M. ADIGA WRIT APEPAL No. 3673 OF 2016 (T-RES)

BETWEEN:

1 . STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001

2 . COMMISSIONER OF COMMERCIAL TAXES KARNATAKA VANIJYA THERIGE KARYALAYA GANDHINAGAR BENGALURU-560 009

3 . COMMERCIAL TAX OFFICER (AUDIT)-5.3, 6TH FLOOR VANIJYA THERIGE KARYALAYA-2 BLOCK-A, RAJENDRA NAGAR VIVEKNAGAR POST KORAMANGALA BENGALURU-560 047 …APPELLANTS

(BY SHRI. JEEVAN J. NEERALGI, AGA)

AND M/S LIOYD INSULATIONS (INDIA) LIMITED NO.101 AND 102, OXFORD CHAMBERS NO.16, RUSTAM BAUGH MAIN ROAD BENGALURU-560 017 REPRES

The judgment continues below.

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