2024 (11) TMI 780 - HC - GST

Denial of benefit of input tax credit on account of the provisions contained in Sub Section (4) of Section 16 of the CGST/SGST Acts, for the financial year 2018-19 through Ext.P5 order dated 18.04.2024 - HELD THAT - Having regard to the assertion of the learned counsel appearing for the petitioner that on account of notification of Sub-Section (5) of Section 16 of the CGST/SGST Acts, the petitioner will be entitled to input tax credit, which has been denied to the petitioner by Ext.P5 order, the writ petition will stand disposed of, setting aside Ext.P5 to the extent that it denied input tax credit to the petitioner on account of the provisions of Sub Section (4) of Section 16 of the CGST/SGST Acts and directing the competent authority to pass fresh orders, after taking note of the provisions contained in Section 16(5) of the CGST/SGST Acts and after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a certified copy of this judgment. Petition disposed off.

Summary

The petitioner was denied input tax credit due to Section 16(4) of CGST/SGST Acts. The court set aside the order and directed a fresh decision based on Section 16(5) within three months.