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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR JUSTICE KRISHNAN RAMASAMY, J
Ashok International – Appellant
Versus
Assistant Commissioner Of Gst – Respondent
ORDER :
(KRISHNAN RAMASAMY, J.)
This writ petition has been filed by the petitioner seeking to call for the records pertaining to impugned Demand Notices in RFN. MA330524112350L and RFN. MA3305221l2520K dated 23.05.2024 on the issued by the Respondent and quash the same in the light of the recommendation of GST Council in its 53rd meeting held on 22.06.2024.
2.When this Writ Petition is taken up for hearing, the learned counsel for the petitioner and learned Additional Government Pleader appearing for the respondent, would submit that the issue involved in the present Writ Petition, has been squarely covered by the common order of this Court, dated 17.10.2024 passed in W.P.Nos.25081 of 2023, etc., batch, wherein, this Court has categorically held in paragraphs 9 to 12 as under:
“9. The petitioners in all these Writ Petitions are registered dealers on the files of the respondent-Department under the provisions of the Goods and Service Tax Act, 2017/CGST Act 2017. Though the petitioners have filed GSTR-1 returns in time, however, insofar as claim of ITC is concerned, since the petitioners were faced with certain difficulties, such as Financial constraints (as there was complete lock down
The court ruled that registered persons are entitled to avail Input Tax Credit for specified financial years despite limitations, following amendments to Section 16 of the CGST Act.
The amendment to Section 16 of the CGST Act allowing ITC claims until 30.11.2021 applies retrospectively, entitling registered dealers to their claims despite previous limitations.
The court ruled that taxpayers can avail Input Tax Credit on late filings due to exceptional circumstances, as amended provisions of the GST Act allowed for extended deadlines retroactively, quashing....
Court ruled that registered dealers entitled to Input Tax Credit despite delays in filing due to valid reasons, following amendments to GST law retroactively extending deadlines for claims.
The amendment to Section 16(5) of the CGST Act allows registered persons to claim input tax credit for specified financial years despite initial limitations.
Amendment to Section 16(5) of the CGST Act permits registered persons to avail ITC beyond the limitation previously set by Section 16(4) for specific financial years.
The court ruled that amendments to the Goods and Services Tax Act allow retroactive claims for input tax credit despite prior limitations, thus quashing earlier orders penalizing delayed filings.
The amendment to Section 16(5) of the CGST Act allows registered dealers to claim ITC for specified financial years until 30.11.2021, overriding previous limitations.
The amendment to Section 16 of the GST Act allows for the availing of Input Tax Credit within an extended deadline, quashing previous orders that reversed such claims due to late filing.
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