M/S Bombay Store vs. Union Of INDIA And Others
Held
The Court allowed the petitioner to move an application for rectification of the order concerning the wrong availment of input tax credit. The application is to be decided considering the amended provisions of Section 16(5) and 16(6) of the CGST Act.
Facts
The petitioner sought to avail input tax credit under Section 16(4) of the CGST Act. Amendments to Section 16, specifically sub-sections (5) and (6), were made retrospectively. A circular clarified the implications of these amendments, allowing for rectification of past orders.
Key Issues
Whether the petitioner can seek rectification of a previous order to avail input tax credit based on retrospective amendments to the CGST Act.
Sections Cited
Section 16, Section 73, Section 74, Section 107, Section 108, Section 148
AI-generated summary — verify with the full judgment below
220(4) I M/s Bombay
Union of Indi
CORAM: H
H
Present: HON’BLE MR. JUSTICE SAN HON’BLE MR. JUSTICE SAN Mr. Mukul Singla, Advocate for Mr. Sunish Bindlish, Sr. Standing ***
RAKASH SHARMA, J.(Oral) Learned counsel for the petitione Finance, dated 15.10.2024, on of the provisions of sub-Secti oods and Services Tax Act, 2017 erted vide the Finance Act, 2024 has been clarified. As per the a x credit under the provisions of ct, has been extended retrospec in cases where action has been t ct or orders have been passed i of the CGST Act, holding wro oncerned tax payer has been al of such order. NJAB AND HARYANA ARH CWP-7176-2023 (O&M) Date of Decision: 10.12.2024 …Petitioner …Respondents NJEEV PRAKASH SHARMA NJAY VASHISTH the petitioner. g Counsel for the revenue. ) er refers to circular issued by the wherein, the issue regarding ions (5) and (6) of Section 16 of 7 (for sho
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