The State Of Karnataka vs. M/S Indian Oil Corporation 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 previous judgments in similar cases.
Facts
The State of Karnataka filed a revision petition challenging a judgment that allowed the assessee to claim Input Tax Credit (ITC) belatedly. The lower authorities had levied a higher rate of tax and interest.
Key Issues
The key issue was whether the assessee could claim Input Tax Credit belatedly under the Karnataka Value Added Tax Act, 2003.
Sections Cited
Section 39(1), Section 36
AI-generated summary — verify with the full judgment below
STRP No.242/2018
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.242 OF 2018 BETWEEN :
THE STATE OF KARNATAKA REPRESENTED BY THE COMMISSIONER OF COMMERCIAL TAXES VANIJYA THERIGE KARYALAYA P. KALINGARAO ROAD 1ST MAIN ROD, GANDHINAGAR BENGALURU-560 009 ... PETITIONER
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S. INDIAN OIL CORPORATION LIMITED MARKETING DIVISION INDIAN OIL BHAVAN NO.29, P.KALINGA RAO ROAD (MISSION ROAD) BENGALURU-560 027 REPRESENTED BY MR. V. KUMAR SR. MANAGER (FINANCE). ... RESPONDENT
(BY SHRI. G. RABINATHAN, ADVOCATE)
THIS STRP IS FILED UNDER SEC.65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE JUDGMENT DATED 31.07.2018 PASSED IN STA.NO.132/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING T
The judgment continues below.
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