A.S. Mini vs. The Deputy Commissioner (Arrear Recovery)
Held
The Court allowed petitioners to approach GST authorities within 30 days to claim benefits under Circulars 183/15/2022 and 193/05/2023 for bona fide claims. It also held that for the period July 2017 to November 2022, returns filed for September by November 30th should be processed for ITC claims.
Facts
This batch of writ petitions concerns taxpayers who either remitted GST but it wasn't reflected in their returns due to technical issues, or received goods with valid invoices but the supplier failed to remit the GST. A third group had invoices but lacked proof of payment and possession of goods.
Key Issues
Whether taxpayers can claim Input Tax Credit (ITC) for GST paid by suppliers but not remitted due to technical glitches or supplier default, and the retrospective applicability of procedural amendments regarding return filing deadlines.
Sections Cited
Section 16(2)(aa), Section 39, Section 16(2)(c), Section 16(4)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 WP(C) NO. 27416 OF 2023 PETITIONER: MASCO MOTORS NH-17, 7/219,220, MASCO BUILDING, CHERUVANNUR P.O, KOLATHARA, KOZHIKODE, KERALA REPRESENTED BY ITS MANAGING PARTNER MOHAMMED FAZIL.P, PIN - 673655 BY ADVS. M.K.HAJARA C.RAMACHANDRAN HOWLATH JAHAN RESPONDENTS: 1 OFFICE OF THE ASSISTANT STATE TAX OFFICER STATE GST DEPARTMENT, TAX PAYER SERVICES CIRCLE FEROKE IST FLOOR, G.S.T. COMPLEX, JAWAHAR NAGAR COLONY, ERANHIPALAM, KOZHIKODE, PIN - 673006 2 OFFICE OF THE DEPUTY COMMISSIONER OF STATE TAX SGST DEPARTMENT KERALA, SPECIAL CIRCLE-II, JAWAHAR NAGAR, ERANHIPALAM, KOZHIKODE, PIN - 673006 3 UNION OF INDIA,REPRESENTED BY ITS SECRETARY (REVENUE), MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI, PIN - 110001 4 THE CENTRAL BOARD OF INDIRECT TAXES CUSTOMS REPRESENTED BY ITS CHAIRMAN, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI, PIN - 110001 5 STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO TAXES, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 OTHER PRESENT: SRI. MUHAMED RAFIQ-SPL.GP, SRI. P.R. SREEJITH -SC, GSTN, SRI. S
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.