The Commissioner Of Commerical Taxes vs. M/S The Shanker Vittal Motors Co. LTD
Held
The Court held that the assessee is entitled to the benefit of Input Tax Credit (ITC) even when claimed belatedly. This decision was based on a previous judgment in a similar case.
Facts
The Commissioner of Commercial Taxes filed a revision petition challenging a High Court order that allowed the assessee's appeal. The original assessment levied higher tax and penalty for specific tax periods.
Key Issues
The primary issue was whether the assessee could claim Input Tax Credit belatedly. The court also considered the levy of higher tax and penalty.
Sections Cited
Section 39(1), Section 72(2), Section 36
AI-generated summary — verify with the full judgment below
STRP No.12/2020
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.12 OF 2020 BETWEEN:
THE COMMISSIONER OF COMMERICAL TAXES VANIJYA THERIGE KARYALAYA P.KALINGARAO ROAD 1ST MAIN ROAD GANDHINGAR BENGALURU-560 009 ... PETITIONER
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S THE SHANKER VITTAL MOTORS CO. LTD ATTAVARA, NANDIGUDDA ROAD MANGALURU REPRESENTED BY ITS AUTHORISED REPRESENTATIVE DR. PRASAD RAO AROOR ... RESPONDENT
(BY SMT. H. VANI, ADVOCATE)
THIS STRP IS FILED UNDER SEC. 65(1) OF THE KARNATAKA VALUED ADDED TAX ACT, 2003 AGAINST THE JUDGMENT DATED 07.02.2019 PASSED IN STA.NO. 2156/2014 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 10.09.2014 PASSED IN KVAT/AP/560 TO 564/2013-14 ON THE FILE OF THE JOINT COMMISSIONER OF
The judgment continues below.
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