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2026 Supreme(Online)(Ker) 6235

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
PHILIP THOMAS – Appellant
Versus
STATE TAX OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: SMT.K.KRISHNA, SHRI.ACHYUTH MENON, SHRI.JOY P.J., SHRI. V. HARISANKAR, SMT.ANNA ANTO
For the Respondents: SMT.RESHMITHA R CHANDRAN

Table of Content
1. petitioner's registered taxpayer status under cgst. (Para 1)
2. court's recognition of sec.16(5) impacts on credit. (Para 2)

J U D G M E N T

The petitioner is a registered taxpayer under the provisions of CGST/SGST Act. The challenge raised in this writ petition is against Ext.P3 order passed under Sec.73 of CGST Act by which, the input tax credit was rejected on the reason that the petitioner failed to submit the returns for the month of March 2020 within the stipulated time period under Sec.16(4) of the CGST Act . The challenge is raised against Ext.P3 order mainly on the ground that, in the light of Sec.16(5) of the CGST Act , which is newly introduced, the petitioner is entitled to claim the input tax credit, in view of the fact that the petitioner submitted the return for the month of March 2020 within the cutoff date i.e, 30.11.2021, contemplated under Sec.16(5) of the Act.

2. After hearing the learned counsel for the petitioner and the learned Government Pleader, I find merits in the said submission. It is discernible from Ext.P3 order that, indeed, the petitioner submitted the returns on 02.11.2020 for the month of March 2020 in GSTR 3B. As per Sec.16(

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