State Of Karnataka vs. M/S J K Fabrics (Bangalore) Private 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 a previous judgment in a similar case.
Facts
The State of Karnataka filed a revision petition challenging a Karnataka Appellate Tribunal order that allowed input tax credit (ITC) to M/s J.K. Fabrics. The ITC was claimed belatedly for tax periods April 2006 to March 2007 and April 2007 to March 2008.
Key Issues
The key legal issue was whether an assessee can claim input tax credit belatedly under the Karnataka Value Added Tax Act, 2003.
Sections Cited
Section 65(1)
AI-generated summary — verify with the full judgment below
STRP No.81/2019
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.81 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 J.K. FABRICS (BANGALORE) PRIVATE LIMITED 28, 25TH CROSS COBBONPET BANGALORE-560002 ... RESPONDENT
THIS STRP IS FILED UNDER SEC. 65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE JUDGMENT DATED 28.02.2019 PASSED IN STA.NO. 500/2015 AND 725/2016 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT DATED 29.08.2015 PASSED IN VAT.AP.NO.526/2014-15 ON THE FILE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES, (APPEALS)-3, DISMISSING
The judgment continues below.
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