The State Of Karnataka vs. M/S Izmo Limited
Held
The High Court held that the assessee is entitled to the benefit of Input Tax Credit even when it is claimed belatedly. This decision was based on a previous judgment in a similar case.
Facts
The case involves a dispute over the eligibility of Input Tax Credit (ITC) claimed belatedly by the assessee. The Revenue authorities had disallowed the ITC, which was subsequently challenged by the assessee.
Key Issues
The primary issue was whether the assessee could claim Input Tax Credit belatedly. The court examined the entitlement to ITC despite the delay in claiming it.
Sections Cited
Section 39(1), Section 72(2), Section 36(1)
AI-generated summary — verify with the full judgment below
STRP No.213/2018
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.213 OF 2018 BETWEEN :
THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001
2 . THE JOINT COMMISSIONER OF COMMERCIAL TAXES (APPEALS)-4 BENGALURU
3 . THE DEPUTY COMMISSONER OF COMMERCIAL TAXES (AUDIT & RECOVERY)4.8, DVO-4 BENGALURU-560 047 ... PETITIONERS
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S. IZMO LIMITED (FORMERLY KNOWN AS M/S. LOGIX MICRO SYSTEMS LTD.) NO.177/2C, OFF:BANNERGHATTA ROAD BILEKAHALLI INDUSTRIAL AREA BENGALURU-560 102 ... RESPONDENT
(BY SHRI. M. THIRUMALESH, ADVOCATE)
THIS STRP IS FILED UNDER SECTION 65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003, AGAINST THE JUDGMENT AND ORDER DATED 10.04.2018 PASSED IN STA
The judgment continues below.
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