2022 (12) TMI 1527 - HC - VAT and Sales Tax

Entitlement to the benefit of Input Tax Credit even though it is claimed belatedly - HELD THAT - This Court has considered the above question and other questions raised in M/S. BHARAT EARTH MOVERS LIMITED VERSUS THE STATE OF KARNATAKA REPRESENTED BY THE COMMISSIONER OF COMMERCIAL TAXES BANGALORE 2023 (1) TMI 341 - KARNATAKA HIGH COURT and answered the questions in favour of the assessee and held that the assessee is entitled for the benefit of input tax even though claimed belatedly. Appeal dismissed.

Summary

Issues involved:
Whether the assessee is entitled to the benefit of Input Tax Credit even though it is claimed belatedly?

Analysis:

The High Court of Karnataka, comprising of Mr. Justice P.S. Dinesh Kumar and Mr. Justice Umesh M. Adiga, addressed the issue of whether the assessee can avail the Input Tax Credit despite a delayed claim. In the case of STRP No.234/2016, the Court deliberated on this question along with other related issues and ruled in favor of the assessee. The judgment emphasized that the assessee is indeed entitled to the benefit of input tax credit, even if the claim is made after the stipulated time period.

The Court's decision, as outlined in the judgment, dismissed the writ appeal and confirmed that the questions raised were resolved in favor of the assessee and against the Revenue. The order indicated that there would be no costs incurred in this matter. The ruling was based on the reasoning recorded in the aforementioned case, STRP No.234/2016, where the Court had already established the entitlement of the assessee to claim input tax credit despite the delay in submission.