M/S Platinum Ispat Industries PVT. LTD. vs. The Union Of INDIA
Held
The Court held that the petitioner is entitled to file a rectification application for the consideration of their input tax credit claim. This entitlement stems from the newly introduced sub-section (5) of Section 16 of the CGST Act and the directions issued by the Central Government via Circular No. 237/31/2024-GST. The circular provides a special procedure under Section 148 of the CGST Act for taxpayers to apply for rectification of orders where input tax credit is now available as per sub-section (5) or (6) of Section 16. The petitioner can file such an application within the time stipulated in the circular, and it shall be considered in terms of the aforementioned provisions. The Court disposed of the writ petition with these directions.
Facts
The petitioner, M/s Platinum Ispat Industries Pvt. Ltd., is challenging an order of assessment dated April 9, 2024, which denied input tax credit for the period of January to March of the financial year 2018-19. The returns for these months were filed on February 4, 2020, February 5, 2020, and February 10, 2020, respectively. The sole contention of the petitioner is the denial of input tax credit. The respondents are the Union of India and various GST authorities.
Key Issues
1. Whether the petitioner is entitled to claim input tax credit for the financial year 2018-19, notwithstanding any prior denial, in light of the newly introduced sub-section (5) of Section 16 of the CGST Act and Circular No. 237/31/2024-GST dated October 15, 2024? Petitioner's contention: The petitioner argues that sub-section (5) of Section 16 of the CGST Act, which allows input tax credit for invoices pertaining to Financial Years 2017-18 to 2020-21 if the return is filed up to November 30, 2021, should be applied. They also rely on the Central Government's Circular No. 237/31/2024-GST, specifically clauses 3.5 and 3.5.1, which provide a special procedure for rectification of orders where input tax credit is now available under Section 16(5) or 16(6) of the CGST Act. Revenue's contention: The judgment does not record any specific arguments made by the revenue or state.
Sections Cited
Section 16, Section 148, Section 73, Section 74, Section 107, Section 108
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13158 of 2024 ====================================================== M/s Platinum Ispat Industries Pvt. Ltd. through its Director, Ashok Kumar Agarwal, S/o- Sant Lal, aged 57 years, resident of Flat No.- 407, Kailash Apartment, Kankarbagh Main Road, P.S.- Kankarbagh, District- Patna, Pin- 800020. ... ... Petitioner/s Versus
The Union of India through the Commissioner of Central Tax, Bihar, GST Bhawan, Beerchand Patel Path, Patna.
The Commissioner of Central Tax, Bihar, GST Bhawan, Beerchand Patel Path, Patna.
The Assistant Commissioner, CGST and Central Excise, Patna East Division, Sujivan House, Bajrangpuri, Near Mahatma Gandhi Setu, Patna- 800007. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mrs.Archana Sinha @ Archana Shahi, Advocate For the Respondent/s : Dr. K.N.Singh, A.S.G. Mr. Anshuman Singh, Sr. SC, CGST & CX Mr. Abhijeet Gautam, Advocate Mr. Vivek, JC to ASG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTH
The judgment continues below.
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