The Commissioner Of Commercial Taxes vs. M/S Volvo INDIA PVT LTD
Held
The High Court held that the assessee is entitled to the benefit of input tax credit even if it is claimed belatedly. This decision was based on a previous judgment in a similar case.
Facts
The case concerns the eligibility of an assessee for Input Tax Credit (ITC) when claimed belatedly. The Commissioner of Commercial Taxes filed a revision petition against a tribunal order that allowed the appeal in favor of the assessee.
Key Issues
The key legal issue was whether a belated claim for Input Tax Credit is permissible under the law.
Sections Cited
Section 65(1)
AI-generated summary — verify with the full judgment below
STRP No.254/2018 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.254 OF 2018
BETWEEN :
THE COMMISSIONER OF COMMERCIAL TAXES (AUDIT)5.2, DVO-5, VTK-2 B-BLOCK, 5TH FLOOR NATIONAL GAMES VILLAGE COMPLEX 80 FT.ROAD, RAJENDRANAGAR KORAMANGALA. ... PETITIONER
(BY SHRI. JEEVAN J. NEERALGI, AGA)
AND :
M/S VOLVO INDIA PVT. LTD. YELLACHAHALLY VILLAGE TAVAREKERE POST HOSKOTE TALUK BENGALURU-562 112 ... RESPONDENT
(SERVED-UNREPRESENTED)
THIS STRP IS FILED UNDER SEC.65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE JUDGMENT DATED 31.07.2018 PASSED IN STA.NO.559/2017 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEAL FILED AGAINST THE ORDER DATED 31.08.2017 PASSED IN VAT.AP.NO.33/ 2017-18 ON THE FILE OF THE JOINT COMMISSIONER OF COMMERICIAL TAXES, (APP
The judgment continues below.
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