M/S. Uvaraj Industries vs. The Appellate Deputy Commissioner (St)
Held
The Court set aside the impugned order specifically regarding the disallowance of ITC based on the time limit under Section 16(4). The assessment is to be redone considering the newly inserted Section 16(5) and other relevant amendments, allowing the petitioner to submit objections.
Facts
The petitioner challenged an assessment order disallowing Input Tax Credit (ITC) solely on the grounds of being claimed beyond the period prescribed under Section 16(4) of the GST Acts. An amendment, Section 16(5), was inserted by the Finance (No. 2) Act, 2024, which impacts the eligibility of ITC for certain financial years.
Key Issues
Whether the disallowance of ITC based on the time limit under Section 16(4) is valid in light of the subsequent amendment inserting Section 16(5) which provides for ITC availment under certain conditions.
Sections Cited
Section 16(4), Section 16(5)
AI-generated summary — verify with the full judgment below
Before: and
The present Writ Petition is filed challenging the assessment order dated 05.07.2023 for the period 2018-2019, on the premise that the Input Tax Credit has been disallowed only on the ground that the claims have been lodged beyond the period prescribed under Section 16(4) of the GST Acts.
It is submit
The judgment continues below.
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