The State Of Karnataka vs. Sonal Apparel Private Limited

WA/3176/2016HC KarnatakaGSTCNR KAHC01010341201622 December 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA11 pages
For Respondent: SHRI. K.P. KUMAR, ADVOCATE
AI SummaryDismissed

Held

The Court held that assessees are entitled to the benefit of Input Tax Credit even if it is claimed belatedly. This decision was based on prior reasoning in a related case.

Facts

The appeals concerned whether assessees were entitled to Input Tax Credit (ITC) when claimed belatedly. The High Court had previously considered similar issues in another case.

Key Issues

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

AI-generated summary — verify with the full judgment below

W.A No.3176/2016

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 WRIT APPEAL No.3176 OF 2016 (T-RES) IN W.A. No.3176/2016

BETWEEN :

1 . THE STATE OF KARNATAKA REPRESENTED HEREIN BY THE PRINCIPAL SECRETARY FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560 001

2 . THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT)-6.5, DVO-06 KIADB 3RD BLOCK, 14TH CROSS PEENYA INDUSTRIAL AREA 4TH PHASE BANGALORE-560 058 ... APPELLANTS

(BY SHRI. JEEVAN J. NEERALGI, AGA)

AND:

SONAL APPAREL PRIVATE LIMITED NO.12-B, 6TH MAIN 3RD PHASE, PEENYA INDUSTRIAL AREA BANGALORE-560 058 REPRESENTED HEREIN BY ITS DIRECTOR/ GENERAL MANAGER MR. MOHANDAS

... RESPONDENT

(BY SHRI. K.P. KUMAR, ADVOCATE)

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.

See plans and prices

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.