The Commissioner Of Commercial Taxes vs. M/S. Metal Impacts (PVT.) LTD.
Held
The Court held that the assessee is entitled to the benefit of Input Tax Credit even when claimed belatedly. This decision was based on the reasoning in a previous similar case.
Facts
The assessee claimed Input Tax Credit (ITC) belatedly for the tax periods of April 2011 to March 2012. The Deputy Commissioner re-assessed the order, and subsequent appeals by the assessee were allowed by the Joint Commissioner and the Karnataka Appellate Tribunal.
Key Issues
The key legal issue was whether an assessee can claim the benefit of Input Tax Credit belatedly.
Sections Cited
Section 65(1)
AI-generated summary — verify with the full judgment below
STRP No.253/2018
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.253 OF 2018 BETWEEN :
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. METAL IMPACTS (PVT.) LTD. 88/A, INDUSTRIAL LAYOUT KORAMANGALA BENGALURU-560 095 ... RESPONDENT
(BY SHRI. ATUL K. ALUR, ADVOCATE)
THIS STRP IS FILED UNDER SECTION 65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003, AGAINST THE JUDGMENT AND ORDER DATED 04.07.2018 PASSED IN STA NO.205/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL FILED AGAINST THE ORDER DATED 07.03.2017 PASSED IN VAT.AP.NO.269/15-16 ON THE FILE OF THE JOINT COMMI
The judgment continues below.
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