State Of Karnataka Through vs. M/S Texport Industries PVT LTD
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 assessee claimed Input Tax Credit (ITC) belatedly. The tax authorities levied higher tax, penalty, and interest. The Appellate Tribunal allowed the assessee's appeal.
Key Issues
Whether an assessee is entitled to Input Tax Credit if claimed belatedly.
Sections Cited
Section 39(1), Section 36(1), Section 72(2)
AI-generated summary — verify with the full judgment below
STRP No.27/2019
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.27 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 TEXPORT INDUSTRIES PVT. LTD. NO.154, A & B, 5TH MAIN 3RD CROSS, INDUSTRIAL SUBURB YESHWANTHPURA BANGALORE-560 022 ... RESPONDENT
(BY SHRI. P.E. UMESH, ADVOCATE)
THIS STRP IS FILED UNDER SEC.65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE JUDGMENT DATED 07.08.2018 PASSED IN STA.NO.150/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL FILED AGAINST THE ORDER DATED 03.01.2017 PASSED IN VAT.AP 149/2015-16 ON THE FILE OF THE JOINT COMMISSIONER OF
The judgment continues below.
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