The Commissioner Of Commercial Taxes vs. M/S Bharatiya International Limited
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 judgment in a similar case.
Facts
The case concerns the eligibility of an assessee for Input Tax Credit (ITC) claimed belatedly. The assessing officer levied higher tax, penalty, and interest. The appellate tribunal allowed the assessee's appeal.
Key Issues
The primary issue was whether an assessee can claim Input Tax Credit belatedly. The court also considered other related questions.
Sections Cited
Section 39(1), Section 72(2), Section 36(1)
AI-generated summary — verify with the full judgment below
STRP No.250/2018
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.250 OF 2018 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. BHARATIYA INTERNATIONAL LIMITED 27/2, GOTTIGERE BANNERGHATTA ROAD BENGALURU-560 083 ... RESPONDENT
(BY SHRI. T. JAGADEESH, ADVOCATE)
THIS STRP IS FILED UNDER SECTION 65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003, AGAINST THE JUDGMENT AND ORDER DATED 27.03.2018 PASSED IN STA NO.178/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL AND FILED AGAINST THE ORDER DATED 18.03.2017 PASSED IN VAT.AP.NO.749 TO 759/2014-15 ON THE FILE OF THE JOINT CO
The judgment continues below.
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