State Of Karnataka Thourgh vs. M/S Bhagya Anand
Held
The High Court held that the assessee is entitled to the benefit of Input Tax Credit even when claimed belatedly. This decision was based on a previous ruling by the same court.
Facts
The case involves a dispute over the eligibility of Input Tax Credit (ITC) claimed belatedly by the assessee. The assessing authority levied a higher rate of tax, which was challenged through various appeals.
Key Issues
The key legal issue was whether the assessee could claim Input Tax Credit belatedly under the Karnataka Value Added Tax Act, 2003.
Sections Cited
Section 39(1)
AI-generated summary — verify with the full judgment below
STRP No.65/2019
1 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 S.T.R.P No.65 OF 2019
BETWEEN :
STATE OF KARNATAKA THROUGH THE COMMISSIONER OF COMMERCIAL TAXES VANIJYA THERIGE KARYALAYA P. KALINGARAO ROAD 1ST MAIN ROAD, GANDHINAGAR BENGALURU-560 009 ... PETITIONER
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S. BHAGYA ANAND W/O ANAND PARTNER, M/S I-MAX NO.57, 5TH CROSS GAVIPURAM EXTENSION BANGALORE-560 011 ... RESPONDENT
(BY SHRI. M.S. HARI PRASAD,ADVOCATE)
THIS STRP IS FILED UNDER SEC. 65(1) OF THE KARNATAKA VALUED ADDED TAX ACT, 2003 FILED AGAINST THE ORDER DATED 10.12.2018 PASSED IN STA.NO. 92, 93 AND 94/2018 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEALS FILED AGAINST THE IMPUGNED ORDER DATED 22.09.2017 PASSED IN VAT 1231 TO 1241/2014-15 VAT AP.652 TO 663/2015-16
The judgment continues below.
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