Sree Engineering vs. The Assistant Commissioner Of GST And Central Excise
Held
The Court held that the amendment, which allows ITC for specified financial years to be claimed in returns filed up to November 30, 2021, impacts the basis of the impugned assessment. Consequently, the assessment order and consequential notice were set aside, and the matter was remanded for re-assessment considering the amendment.
Facts
The petitioner challenged an assessment order and a consequential notice for disallowing Input Tax Credit (ITC) solely on the ground of being claimed beyond the period prescribed under Section 16(4) of the GST Acts. An amendment to Section 16 of the CGST Act, inserting sub-section (5), was introduced via the Finance (No. 2) Act, 2024, with retrospective effect from July 1, 2017.
Key Issues
Whether the retrospective amendment to Section 16 of the CGST Act, allowing ITC claims beyond the original time limit, should be applied to the impugned assessment. The impact of this amendment on the disallowance of ITC for the financial years 2017-18 and 2018-19.
Sections Cited
Section 16(4), Section 16(5), Section 39
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024 CORAM THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and W.M.P.(MD).Nos.21382 and 21384 of 2024 Sree Engineering, Represented by its Partner R.Sivaram. ... Petitioner Vs. 1.The Assistant Commissioner of GST and Central Excise, I-Division, GST-Trichy, No.1, Williams Road, Cantonment, Trichy - 620 001. 2.The Assistant Commissioner (State Taxes), Pudukkottai III Circle, Commercial Taxes Building, Pudukkottai - 622 001. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records on the file of the 1st respondent in the Order in Original No.21/2023-GST dated 17.11.2023 bearing DIN : 20231159XN010001010B and the consequential order in Form GST DRC-07 bearing Ref. No. ZD330224161534P dated 26.02.2024 on the file of the 2nd respondent and quash the same as illegal, arbitrary. 1/6 https://www.mhc.tn.gov.in/judis For Petitioner : Mr.J.Prasanna Kumar For R-1 : Mr.R.Nandakumar Senior Standing Counsel For R-2 : M
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