State Of Karnataka Through vs. M/S. T V Sundaram Iyengar And Sons PVT 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 ruling in a similar case.
Facts
The petitioner, State of Karnataka, filed a revision petition challenging a decision that allowed the respondent assessee to claim Input Tax Credit (ITC) belatedly. The lower appellate tribunal had partly allowed the appeal, modifying the original assessment order.
Key Issues
The key legal issue was whether an assessee can claim the benefit of Input Tax Credit if it is claimed belatedly.
Sections Cited
None explicitly mentioned as discussed in the provided text, only the Karnataka Value Added Tax Act, 2003 is referenced for the petition filing.
AI-generated summary — verify with the full judgment below
STRP No.2/2021
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.2 OF 2021
BETWEEN :
STATE OF KARNATAKA THROUGH THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES(AUDIT)
7 DVO-1 5TH FLOOR, BMTC BUS STOP TTMC BUILDING YASHWANTHPURA BENGALURU-560 027 ... PETITIONER
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S. T.V.SUNDARAM IYENGAR AND SONS PVT LIMITED NO.107, KASTURBA ROAD BENGALURU-560 001 ... RESPONDENT
(BY SHRI. G. RABINATHAN, ADVOCATE)
THIS STRP IS FILED UNDER SEC. 65(1) OF THE KARNATAKA VALUED ADDED TAX ACT, 2003 AGAINST THE JUDGMENT DATED 03.09.2019 PASSED IN STA. Nos. 254 AND 255/2018 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, PARTLY ALLOWING THE APPEAL AND MODIFYING THE ORDER DATED 30.04.2018 PASSED IN VAT AP No.50/2017-18 AND VAT.AP.No.92/16-17 (A
The judgment continues below.
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