The Commissioner Of Commercial Taxes vs. M/S Volvo INDIA PVT LTD
Held
The High Court held that the assessee is entitled to the benefit of Input Tax Credit even when claimed belatedly. This decision aligns with previous rulings on similar matters.
Facts
The case concerns the eligibility of an assessee for Input Tax Credit (ITC) when it is claimed belatedly. The assessee, M/s Volvo India Pvt. Ltd., had claimed ITC after the prescribed period.
Key Issues
The primary issue was whether a taxpayer can claim Input Tax Credit after the statutory time limit has expired.
Sections Cited
None explicitly mentioned in the provided text.
AI-generated summary — verify with the full judgment below
STRP No.4/2019
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.4 OF 2019 BETWEEN :
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 VOLVO INDIA PVT. LTD. NO.7, 8 & 12, PHASE I PEENYA INDUSTRIAL AREA BENGALURU REPRESENTED BY ITS VICE PRESIDENT(TAXATION) MR. B.A. KRISHNAMURHTY ... RESPONDENT
(BY SHRI. G.V. ASHOK, ADVOCATE)
THIS STRP IS FILED UNDER SEC.65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE ORDER DATED 24.07.2018 PASSED IN STA.NO.511/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL FILED AGAINST THE ORDER DATED 31.07.2017 PASSED IN VAT.AP.NO.40/ 2016-17 ON THE FILE OF THE JOINT COMMISSIONER OF COMMERICI
The judgment continues below.
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