The Joint Commissioner Of Commercial Taxes vs. M/S Future Value 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 related 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 reassessment order and allowed the appeal.
Key Issues
The key issue was whether the assessee could claim Input Tax Credit belatedly. The court considered if such a belated claim was permissible under the law.
Sections Cited
Section 65(1) of the Karnataka Value Added Tax Act, 2003
AI-generated summary — verify with the full judgment below
STRP No.244/2018
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.244 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 VALUE RETAIL LIMITED NO.18/1, PASADENA ASHOK PILLAR ROAD JAYANAGAR 1ST BLOCK BENGALURU-560 011 ... RESPONDENT
(BY SHRI. S. GANESH, ADVOCATE)
THIS STRP IS FILED UNDER SEC.65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE JUDGMENT DATED:11.04.2018 PASSED IN STA.NO.131/2016 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.910 TO 921/20
The judgment continues below.
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