M/S. Amarnath Enterprises,Bolangir vs. Assistant Commissioner GST And Central Excise, Sambalpur.

WP(C)/25783/2024HC OrissaGSTCNR ODHC01073343202414 November 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
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Held

The Court noted that a subsequent circular requires the petitioner to apply for rectification under Section 148 within six months of the notification date. Since the time for such an application is still available, the Court directed compliance with this procedure.

Facts

The petitioner was denied Input Tax Credit (ITC) as their return was filed late. They relied on an amendment to Section 16 of the CGST Act, 2017, which extended the time for filing returns, but this amendment was not notified at the time the impugned order was passed.

Key Issues

Whether the adjudicating authority should have considered an amendment to Section 16 of the CGST Act that was not yet notified. What is the appropriate procedure for the petitioner to seek rectification of the impugned order.

Sections Cited

Section 16, Section 148

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Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25783 of 2024 M/s. Amarnath Enterprises, Bolangir …. Petitioner Represented By Adv. – Mr. S. Ray, Sr. Advocate Mr. D.K. Samal, Advocate Mr. K.K. Sahoo, Advocate -versus- Assistant Commissioner, GST and Central Excise, Sambalpur and others …. Opposite Parties Represented By Adv. – Mr. A. Kedia, Junior Standing Counsel CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO Order No. 01.
14.11.

2024

1.

Mr. Ray, learned senior advocate appears on behalf of petitioner and submits, his client was entitled

The judgment continues below.

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