The Joint Commissioner Of Commercial Taxes vs. M/S. Future Retail Limited
Held
The High Court held that the assessee is entitled to the benefit of Input Tax Credit even if it is claimed belatedly. This decision was based on a previous judgment in a similar case.
Facts
The Revenue filed a revision petition challenging an order that allowed the assessee to claim Input Tax Credit (ITC) belatedly. The lower appellate tribunal had set aside the re-assessment order and allowed the appeal in favour of the assessee.
Key Issues
The key issue was whether the assessee could claim Input Tax Credit belatedly. The court considered the entitlement to ITC despite late claim.
Sections Cited
Section 65(1)
AI-generated summary — verify with the full judgment below
STRP No.295/2018
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.295 OF 2018 BETWEEN :
1 . THE JOINT COMMISSIONER OF COMMERCIAL TAXES (APPEALS)-3 BENGALURU
2 . THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT)-3.5 DVO-3 BENGALURU ... PETITIONERS
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S. FUTURE RETAIL LIMITED NO.18/1, PASADENA, ASHOKA PILLAR ROAD JAYANAGAR 1ST BLOCK BENGALURU ... RESPONDENT
(BY SHRI. S. GANESH, ADVOCATE)
THIS STRP IS FILED UNDER SEC.65(1) OF THE KARRNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE JUDGMENT DATED 11.04.2018 PASSED IN STA.NO.132/2016 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 26.10.2015 PASSED IN VAT.AP.NO.1207 TO 1218/2014-15 ON THE FILE OF THE JOINT COMMISSIONE
The judgment continues below.
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