The Joint Commissioner Of Commercital Taxes vs. M/S Indian Oil Corporation Limited
Held
The High Court held that the assessee is entitled to the benefit of input tax credit even when it is claimed belatedly. This decision was based on the reasoning provided in a related case, STRP No.234/2016.
Facts
The case involves a dispute over whether the assessee is entitled to Input Tax Credit (ITC) claimed belatedly. The Karnataka Appellate Tribunal had allowed the appeals in favor of the assessee, setting aside the orders of the lower authorities.
Key Issues
The key legal issue was whether a taxpayer can claim Input Tax Credit after the prescribed time limit.
Sections Cited
Section 65(1)
AI-generated summary — verify with the full judgment below
STRP No.249/2018
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.249 OF 2018
BETWEEN :
1 . THE JOINT COMMISSIONER OF COMMERCITAL TAXES (APPEALS)-3 BENGALURU.
2 . THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT)-3.4, DVO-3 BENGALURU. ... PETITIONERS
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S INDIAN OIL CORPORATION LIMITED NO.9, "INDIAN OIL BHAVAN" P.KALINGA RAO ROAD MISSION ROAD BENGALURU-560 027. ... RESPONDENT
(BY SHRI. G. RABINATHAN, ADVOCATE)
THIS STRP IS FILED UNDER SEC.65(1) OF THE KARNATAKA SALES TAX ACT, 2003 AGAINST THE JUDGMENT DATED 16.02.2018 PASSED IN STA.NOS.575 AND 576/2016 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEALS AND SETTING ASIDE THE ORDER DATED 05.04.2016 PASSED IN VAT N
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.
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.