Nagul And Co vs. The Deputy State Tax Officer Ii

WP(MD)/22419/2024HC MadrasGSTCNR HCMD01099447202420 September 2024Bench: HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ6 pages
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Held

The Court set aside the impugned assessment order and directed the petitioner to deposit 25% of the disputed tax for issues other than Section 16(4). The assessment order was to be treated as a show cause notice, allowing the petitioner to submit objections on all issues within a specified period.

Facts

The petitioner challenged an assessment order disallowing Input Tax Credit (ITC) primarily on the ground of claims being lodged beyond the period prescribed under Section 16(4) of the GST Acts. The petitioner also raised other issues regarding mismatch between GSTR-3B and GSTR-2A, and reversal of ITC on non-business or exempted supplies.

Key Issues

Whether the disallowance of ITC under Section 16(4) was valid in light of subsequent amendments, and how to address other disputed ITC claims.

Sections Cited

Section 16(4), Section 16(5)

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Before: and

The present Writ Petition is filed challenging the assessment order dated 24.04.2024 for the period 2018-2019, on the premise that the Input Tax Credit has been disallowed inter alia on the ground that the claims have been lodged beyond the period prescribed under Section 16(4) of the GST Acts.

2.

It is submit

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