Tvl.Ok.M.K.Natarajan Firm vs. The Commissioner Of Commercial Taxes

WP(MD)/21542/2024HC MadrasGSTCNR HCMD01087377202410 September 2024Bench: HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ6 pages
AI SummaryRemanded

Held

The Court held that the amendment to Section 16 of the GST Act, specifically the insertion of sub-section (5), might render the original grounds for disallowing ITC invalid. Therefore, the assessment needed to be redone considering this amendment.

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 subsequently inserted by the Finance (No. 2) Act, 2024.

Key Issues

Whether the disallowance of ITC based on the previous interpretation of Section 16(4) is sustainable in light of the newly inserted Section 16(5) of the GST Act.

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

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