2024 (9) TMI 1221 - HC - GST

Delayed availing of Input Tax Credit contrary to Section 16(4) of the respective GST enactments - HELD THAT - Sections 16(5) and 16(6) of the Central Goods and Services Tax (CGST) Act have been incorporated. Similar amendments are expected by the Tamil Nadu State Legislature to insert Sections 16(5) and 16(6) of the Tamil Nadu Goods and Services Tax Act, 2017. Even otherwise, as per the decision of the Hon'ble Supreme Court in FORMICA INDIA DIVISION VERSUS COLLECTOR OF CENTRAL EXCISE 1995 (3) TMI 98 - SUPREME COURT , once the tax is demanded, the benefit of Input Tax Credit has to be granted. The Impugned Order can be set aside and the case be remitted back to the respondent to pass a fresh order - Petition disposed off by way of remand.

Summary

The petitioner challenged Order-in-Original No.02/2022 dated 01.02.2022 regarding delayed Input Tax Credit for Assessment Years 2017-2018 and 2018-2019. Court remitted the case back to respondent for fresh order due to amendments in GST enactments. Impugned Order set aside, case remitted back for fresh order within six months.