State Of Karnataka Through vs. M/S Nike INDIA PVT LTD

STRP/29/2019HC KarnatakaGSTCNR KAHC01010682201922 December 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA3 pages
For Petitioner: SHRI. JEEVAN J. NEERALGI, AGAFor Respondent: SHRI. RAVI RAGHAVAN, ADVOCATE
AI SummaryDismissed

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 aligns with previous judgments on similar matters.

Facts

The case concerns the eligibility of an assessee for Input Tax Credit (ITC) when it is claimed belatedly. The assessee sought to claim ITC after the prescribed period.

Key Issues

The primary issue was whether a belated claim for Input Tax Credit is permissible under the law.

Sections Cited

None explicitly mentioned in the provided text, but the context relates to input tax credit provisions.

AI-generated summary — verify with the full judgment below

STRP No.29/2019

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.29 OF 2019

BETWEEN :

STATE OF KARNATAKA THROUGH 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 NIKE INDIA PVT. LTD. NO.66/1, OLYMPIA BUILDING GROUND AND FIRST FLOOR BAGMANE TECH PARK C.V. RAMAN NAGAR BANGALORE-560 094 ... RESPONDENT

(BY SHRI. RAVI RAGHAVAN, ADVOCATE)

THIS STRP IS FILED UNDER SEC.65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003, AGAINST THE JUDGMENT DATED 09.08.2018 PASSED IN STA NO. 453/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BANGALORE, ALLOWING THE APPEAL FILED AGAINST THE ORDER DATED 30.06.2017 PASSED IN VAT.AP 133/16-17 ON THE FILE OF THE JOINT COMMIS

The judgment continues below.

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Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.