M/S.H.R.Constructions vs. Superintendent Of Central Tax

WP/12234/2021HC Andhra PradeshGSTCNR APHC01021285202105 August 2026Bench: NINALA JAYASURYA,T.C.D.SEKHAR7 pages
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Held

The High Court considered the subsequent introduction of Section 16(5) of the GST Act, which extended the time limit for availing ITC for financial years 2017-18 to 2020-21 until 30.11.2021. Since the petitioner's ITC availment on 20.12.2019 fell within this extended period, the Court set aside the impugned assessment order.

Facts

M/s. H.R. Constructions, a registered dealer, availed Input Tax Credit (ITC) for FY 2018-19 on 20.12.2019, which was beyond the statutory due date of 20.10.2019 as per Section 16(4) of the CGST/APGST Act. The 1st respondent issued an assessment order directing the petitioner to reverse the irregularly availed ITC, leading to the present writ petition.

Key Issues

The key legal issues were the validity of Section 16(4) of the CGST/APGST Act and Section 20 of the IGST Act, and whether ITC availed beyond the original due date could be regularized by the subsequent introduction of Section 16(5) of the GST Act.

Sections Cited

Section 16(4) of CGST Act, Section 16(4) of APGST Act, Section 20 of IGST Act, Section 62 of CGST Act, Section 16(5) of GST Act, Section 39

AI-generated summary — verify with the full judgment below

1

APHC010212852021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

WRIT PETITION NO: 12234 of 2021 Bench Sr.No:-12 [3543]

M/s.h.r.constructions, ...Petitioner Vs. Superintendent Of Central Tax and Others ...Respondent(s)

********** CORAM : SRI JUSTICE NINALA JAYASURYA SRI JUSTICE T.C.D.SEKHAR DATE : 6th August 2026 Present : Advocate for Petitioner: S SURI BABU Advocate(s) for Respondent(s): B V S CHALAPATI RAO

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HON’BLE SRI JUSTICE NINALA JAYASURYA

AND HON’BLE SRI JUSTICE T.C.D. SEKHAR

WP No.12234 OF 2021 ORDER:- (Per Hon’ble Sri Justice T.C.D. Sekhar)

1.

The present writ petition is filed seeking to declare Section 16(4) of CGST Act, 2017 as well as Section 16(4) of APGST Act and Section 20 of IGST Act as contrary to non- obstante clause contained in Section 62 of CGST Act and to set aside order of assessment dt.18.02.2021 passed by the 1st respondent.

2.

The petitioner is a registered dealer under GST Act. The petitioner has availed Input Tax Credit of Rs.16,34,365/-. By contending that the petitioner had irregularly availed Input Tax Credit in contravention of Section 16(4) of the Act read with Section 2

The judgment continues below.

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.