The Joint Commissioner Of vs. M/S Honeywell Automation INDIA LTD
Held
The High Court held that the assessee is entitled to the benefit of Input Tax Credit even if it is claimed belatedly. The Court followed its previous decision in a similar case.
Facts
The Revenue filed a revision petition challenging an order that allowed the assessee to claim Input Tax Credit (ITC) belatedly. The lower appellate tribunal had set aside the assessment order upholding the denial of ITC.
Key Issues
The key legal issue was whether an assessee can claim Input Tax Credit belatedly under the relevant tax laws.
Sections Cited
None explicitly mentioned as discussed in detail, but the context relates to Input Tax Credit provisions under the Karnataka Value Added Tax Act, 2003.
AI-generated summary — verify with the full judgment below
STRP No.7/2021
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.7 OF 2021
BETWEEN :
1 . THE JOINT COMMISSIONER OF COMMERCIAL TAXES (APPEALS-3) 2ND FLOOR, BMTC BUILDING SHANTHINAGAR BENGALURU-560 027. 2 . THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (AUDIT-3.7) DGSTO-03, 2ND FLOOR BMTC BUILDING SHANTHINAGAR BENGALURU-560 027 ... PETITIONERS
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S HONEYWELL AUTOMATION INDIA LTD NO.20, RAJALAXMI PLAZA SOUTH END ROAD BENGALURU-560 004 ... RESPONDENT
(BY SHRI. T. SURYANARAYANA, SENIOR ADVOCATE FOR SMT. TANMAYEE RAJKUMAR, ADVOCATE)
THIS STRP IS FILED UNDER SEC.65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003, AGAINST THE JUDGMENT DATED 11.12.2020 PASSED IN STA NOS. 556/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BANGALORE, ALLOWING THE APPEAL
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.