2025 (3) TMI 1017 - HC - GST

Claim of ITC was reversed/negatived on the ground of time limitation - retrospective amendments to Section 16 of GST Act - HELD THAT - When this Writ Petition is taken up for hearing the respective learned counsel for the petitioner and learned Additional Government Pleader for the respondent would submit that the issue involved in the present Writ Petition has been squarely covered by the common order of this Court dated 17.10.2024 passed in W.P.Nos.25081 of 2023 etc. batch 2024 (10) TMI 1631 - MADRAS HIGH COURT wherein this Court has categorically held this Court considering the fact that the issue involved in all these Writ Petitions is only with regard to the availment of ITC which is barred by limitation in terms of Section 16 (4) of the CGST Act and in the light of the subsequent developments took place whereby Section 16 of the CGST Act was amended and sub-section (5) was inserted to Section 16 which came into force with retrospective effect from 01.07.2017 the petitioners are entitled to avail ITC in respect of GSTR-3B filed in respect of FYs 2017-18 2018-19 2019-20 and 2020-21 as the case may be on or before 30.11.2021 is inclined to quash the impugned orders. Conclusion - i) The retrospective amendments to Section 16 allow for an extended deadline for claiming ITC overriding the original limitation period. ii) The petitioners are entitled to avail ITC in respect of GSTR-3B filed in respect of FYs 2017-18 2018-19 2019-20 and 2020-21 as the case may be on or before 30.11.2021. The impugned orders reversing ITC claims were quashed and the respondent-Department was directed to de-freeze bank accounts and refrain from recovery actions - petition allowed.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

• Whether the reversal of the Input Tax Credit (ITC) claimed by the petitioner under the Goods and Services Tax Act, 2017 (GST Act) due to the limitation period prescribed under Section 16(4) is valid.
• Whether the amendments to Section 16, specifically the insertion of sub-sections (5) and (6), have a retrospective effect allowing the petitioner to claim ITC beyond the original deadline.
• Whether the respondent-Department's actions, including freezing of bank accounts and initiation of recovery proceedings based on the impugned orders, were justified.

ISSUE-WISE DETAILED ANALYSIS

1. Validity of Reversal of ITC Claims Based on Limitation Period

Relevant Legal Framework and Precedents: The primary legal framework involved is Section 16(4) of the CGST Act, 2017, which restricts the entitlement to take ITC after the thirtieth day of November following the end of the financial year to which the invoice pertains.

Court's Interpretation and Reasoning: The Court noted that the reversal of ITC claims was based on the prescribed limitation period under Section 16(4). However, subsequent amendments to the Act, particularly the insertion of Section 16(5), provided an extension for claiming ITC for financial years 2017-18 to 2020-21 until November 30, 2021.

Key Evidence and Findings: The Court found that the petitioner had filed GSTR-1 returns timely but faced difficulties in filing GSTR-3B returns due to extraordinary circumstances, including financial constraints and health issues during the COVID-19 pandemic.

Application of Law to Facts: The Court applied the amended provisions of Section 16, which allowed the petitioner to claim ITC within the extended deadline, thus rendering the respondent's orders unsustainable.

Treatment of Competing Arguments: The respondent-Department argued for the validity of the original orders based on the limitation period. However, the Court emphasized the retrospective effect of the amendments and the extraordinary circumstances faced by the petitioner.

Conclusions: The Court concluded that the reversal of ITC claims based on the original limitation period was invalid due to the retrospective amendments, and the impugned orders were quashed.

2. Retrospective Effect of Amendments to Section 16

Relevant Legal Framework and Precedents: The amendments to Section 16, specifically sub-sections (5) and (6), were introduced to extend the deadline for claiming ITC for certain financial years.

Court's Interpretation and Reasoning: The Court interpreted the amendments as having a retrospective effect from July 1, 2017, thereby allowing claims for ITC beyond the original deadlines.

Key Evidence and Findings: The Court referenced the 53rd GST Council Meeting and subsequent notifications and circulars that clarified the implementation of the amended provisions.

Application of Law to Facts: The Court applied the retrospective amendments to the petitioner's case, allowing the claim of ITC within the extended deadline.

Treatment of Competing Arguments: The respondent-Department did not contest the retrospective effect of the amendments, and the Court relied on the clear legislative intent to extend the deadline.

Conclusions: The Court held that the retrospective amendments to Section 16(5) and (6) allowed the petitioner to claim ITC within the extended deadline, and the impugned orders were quashed.

3. Justification of Respondent-Department's Actions

Relevant Legal Framework and Precedents: The actions of the respondent-Department, including freezing of bank accounts and initiation of recovery proceedings, were based on the impugned orders.

Court's Interpretation and Reasoning: The Court found that these actions were unjustified in light of the retrospective amendments and the quashing of the impugned orders.

Key Evidence and Findings: The Court noted the freezing of bank accounts and potential recovery proceedings during the pendency of the writ petition.

Application of Law to Facts: The Court directed the respondent-Department to de-freeze the bank accounts and refrain from initiating recovery proceedings.

Treatment of Competing Arguments: The respondent-Department's concerns about discrepancies and potential fraud in ITC claims were acknowledged, but the Court emphasized the need to follow due process in such cases.

Conclusions: The Court restrained the respondent-Department from taking further actions based on the impugned orders and directed immediate remedial measures.

SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The petitioners are entitled to avail ITC in respect of GSTR-3B filed in respect of FYs 2017-18, 2018-19, 2019-20 and 2020-21 as the case may be, on or before 30.11.2021."

Core Principles Established: The retrospective amendments to Section 16 allow for an extended deadline for claiming ITC, overriding the original limitation period.

Final Determinations on Each Issue: The impugned orders reversing ITC claims were quashed, and the respondent-Department was directed to de-freeze bank accounts and refrain from recovery actions. The Court granted liberty to the respondent-Department to address discrepancies or fraudulent claims separately and in accordance with the law.