The Deputy Commissioner vs. M/S Chem Trend Chemicals Company 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 by the same court in a related case.
Facts
The case concerns the eligibility of an assessee for Input Tax Credit (ITC) when it is claimed belatedly. The Revenue department challenged the appellate tribunal's decision which allowed the appeal and set aside the lower authorities' orders.
Key Issues
The primary issue was whether a belated claim for Input Tax Credit is permissible under the law.
Sections Cited
None explicitly mentioned as discussed in detail, but the context relates to Input Tax Credit provisions under the Karnataka Value Added Tax Act, 2003.
AI-generated summary — verify with the full judgment below
STRP No.13/2021
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.13 OF 2021 BETWEEN :
THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (DEBT MANAGEMENT-31) DVO-03, 2ND FLOOR BMTC BUILDING, SHANTHINAGAR BENGLAURU-560 027. 2 . THE JOINT COMMISSIONER OF COMMERCIAL TAXES (APPEALS-3), 2ND FLOOR BMTC BUILDING, SHANTHINAGAR BENGLAURU-560 027 ... PETITIONERS
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S. CHEM TREND CHEMICALS COMPANY PVT. LTD. 3RD FLOOR, SILVER JUBILEE BLOCK 3RD CROSS, MISSION ROAD BENGALURU-560 027 ... 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 30.07.2020 PASSED IN STA.NO. 144/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE T
The judgment continues below.
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