Ramasamy Sridharan vs. The Deputy State Tax Officer 2

WP(MD)/27957/2024HC MadrasGSTCNR HCMD01123012202425 November 2024Bench: HONOURABLE MR JUSTICE K.KUMARESH BABU4 pages
AI SummaryRemanded

Held

The Court held that the impugned assessment order was liable to be set aside due to the amendment. The matter was remitted back to the assessing authority for reconsideration based on the amended provisions.

Facts

The petitioner challenged an assessment order that relied on Section 16(4) of the CGST Act. An amendment to the Act allowed input tax credit for returns filed up to 30.11.2021 for specific financial years.

Key Issues

Whether the assessment order correctly applied Section 16(4) of the CGST Act in light of a subsequent amendment allowing input tax credit for returns filed within a specified period.

Sections Cited

Section 16(4), Section 39

AI-generated summary — verify with the full judgment below

Before: and

The challenge in the writ petition is to the assessment order dated 29.04.2024 of the first respondent.

2.

The order of assessment has been made by relying upon Section 16(4) of the Central Goods and Services

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.

See plans and prices

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 Madras High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.