The State Of Karnataka vs. M/S Gerb Vibration Control System PVT LTD

STRP/24/2020HC KarnatakaGSTCNR KAHC01032062202022 December 2022Bench: P.S.DINESH KUMAR,UMESH M ADIGA3 pages
For Petitioner: SHRI. JEEVAN J. NEERALGI, AGAFor Respondent: SHRI. SYED JAMAL, 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 was based on a previous judgment in a similar case.

Facts

The case concerns the eligibility of an assessee for Input Tax Credit (ITC) when claimed belatedly. The Revenue challenged the appellate tribunal's decision that allowed the ITC claim.

Key Issues

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

Sections Cited

Section 65(1)

AI-generated summary — verify with the full judgment below

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.24 OF 2020

BETWEEN :

1 . THE STATE OF KARNATAKA REPRESENTED THROUGH THE COMMISSIONER OF COMMERCIAL TAXES VANIJYA THERIGE KARYALAYA P. KALINGARAO ROAD 1ST MAIN ROAD, GANDHINAGAR BENGALURU-560 009

2 . THE JOINT COMMISSIONER OF COMMERCIAL TAXES (APPEALS-6) SHANTHINAGAR BENGALURU-560 027

3.

THE ASSISTANT COMMISSIONER

OF COMMERCIAL TAXES (AUDIT-6.2)

DVO-6, DGSTO-06

BENGALURU-560 058 ... PETITIONERS

(BY SHRI. JEEVAN J. NEERALGI, AGA)

AND :

M/S GERB VIBRATION CONTROL SYSTEM PVT. LTD. NO.27-A, 2ND PHASE PEENYA INDUSTRIAL AREA BENGALURU-560 048

... RESPONDENT

(BY SHRI. SYED JAMAL, ADVOCATE)

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.