2024 (8) TMI 1451 - HC - GST

Filing of belated returns on 07.07.2020 by which time the Input Tax Credit had partly expired - demand confirmed invoking Section 18(2) of the GST Act 2017 - HELD THAT - Clause 114 of the Finance (No.2) Bill 2024 proposes to regularize the delay in filing Input Tax Credit by inserting Section 16(5) and 16(6) of the CGST Act 2017. A similar exercise is expected in the context of TNGST Act 2017 as well. This Court has taken a consistent view under similar circumstances by quashing the Impugned Order and remitting the case back to the 2nd Respondent to pass a fresh order subject to the Finance Act being passed. The impugned Order dated 16.10.2020 is set aside and the case is remitted back to the 2nd Respondent to pass a fresh order on merits and in accordance with law after the Finance Bill is passed and is enacted and the amendment to Section 16 of the respective GST Act - petition allowed by way of remand.

Summary

The High Court of Madras set aside the Impugned Order dated 16.10.2020 for the Assessment Year 2019-2020, concerning belated filing of returns and expired Input Tax Credit. The case is remitted back to the 2nd Respondent for a fresh order after the Finance Bill is passed and enacted. The Writ Petition is allowed with no cost.