A Critical Analysis of the Constitutional Validity of Section 16(4) of the CGST/BGST Act and the expression 'deprive of his right of property' under Article 300-A: The Patna High Court's Stand

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Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

Reported as:

2023 (9) TMI 902 - PATNA HIGH COURT

Introduction

This article delves into the legal and constitutional intricacies of Section 16(4) of the Central Goods and Services Tax Act (CGST) and the Bihar Goods and Services Tax Act 2017 (BGST). This examination stems from a series of writ applications filed under Article 226 of the Indian Constitution, challenging the constitutionality of the mentioned section.

The Core Issue

The primary contention of the petitioners was the constitutional validity of Section 16(4) of the CGST/BGST Act. This section denies the entitlement of Input Tax Credit (ITC) in respect of any invoice or debit note for supply of goods or services beyond the due date of furnishing returns under respective Acts. The petitioners argued that this was violative of Articles 14 and 300A of the Constitution of India.

Alternative Arguments

Petitioners sought an alternative declaration that the conditions in Section 16(4) are procedural and should not override substantive conditions for availing ITC as outlined in Sections 16(1) and 16(2). Moreover, they contended that GSTR-3B cannot be treated as a return under Section 39(1), asserting it to be ultra vires.

Background of the Case

The writ applications involved registered persons under the CGST/BGST Act, with Gobinda Construction serving as the representative case. The Assistant Commissioner of State Tax issued a show cause notice under Section 73 of the BGST Act, proposing to disallow ITC for late filing of return in Form GSTR-3B.

Petitioners' Submissions

The petitioners argued that the refusal to allow ITC beyond the stipulated date in Section 16(4) is confiscatory and violates Article 300A, asserting ITC as a vested right. They also contended that the provision discriminates among equals, violating Article 14 and imposes an unreasonable restriction on the right to freedom of trade under Article 19(1)(g).

Respondents' Counter-Arguments

Representing the State, the Advocate General contended that ITC is a benefit extended under the CGST/BGST Act, subject to the scheme's conditions. The statutory scheme was argued to have uniform application, not violating any right under Article 19(1)(g). The nature of ITC as a unique concept under the GST regime was highlighted, emphasizing its compliance with GST provisions.

Court's Analysis and Conclusion

The court observed that ITC is not unconditional and becomes a vested right only if conditions are fulfilled. It noted that property, in the context of Article 300-A, refers to rights guaranteed and protected by law. Upon examining Section 16 of the CGST/BGST Act, the court found sub-section (4) as a condition for entitlement to ITC, not violative of Article 300-A or any fundamental rights under the Constitution. The court held that fiscal legislation with uniform application cannot be said to be violative of Article 19(1)(g) and dismissed the writ applications, affirming the constitutional validity of sub-section (4) of Section 16 of the CGST/ BGST Act.

Implications and Conclusion

This judgment upholds the stringent conditions attached to ITC under the GST regime, emphasizing compliance for its availing. It affirms the government's right to impose conditions on fiscal benefits like ITC and sets a precedent for similar cases. The decision underlines the judiciary's role in interpreting legislative intent while safeguarding constitutional guarantees. This judgment serves as a cornerstone in understanding the legal complexities surrounding ITC and GST in India.

Scope of the expression 'deprive of his right of property'

In the case under discussion, the Patna High Court delved briefly into the concept of "property" in the context of Section 16(4) of the CGST/BGST Act and its alignment with the constitutional provisions, particularly Article 300-A. This exploration is crucial as it directly relates to the petitioner's claim of Input Tax Credit (ITC) being a property right.

Legal Definition of Property

The court referred to the Supreme Court's decision in the case of Jilubhai Nanbhai Khachar & Ors. vs. State of Gujarat & Anr. [1994 (7) TMI 347 - SUPREME COURT], to define property within the legal framework. Here, property is not just limited to physical or tangible entities but extends to every species of valuable right and interest. This includes the ownership and exclusive right to a thing, the right to dispose of it in every legal way, to possess it, to use it, and to exclude others from interfering with it. Thus, property in legal terms is an aggregate of rights which are guaranteed and protected by law.

Property as Perceived in the Context of ITC

In the context of ITC under the CGST/BGST Act, the court analyzed whether the denial of ITC by the operation of Section 16(4) infringes upon the constitutional right under Article 300-A. This article protects the right to property, ensuring that no person is deprived of their property save by authority of law. The court observed that ITC becomes a vested right only upon fulfillment of conditions under the CGST/BGST Act. Therefore, it was crucial to determine if ITC could be considered 'property' in the legal sense and if its denial amounted to an infringement of this right.

Court's Interpretation of Property in Relation to ITC

The court, upon examining the provisions of the CGST/BGST Act, concluded that ITC is conditional and contingent upon compliance with the statutes. It noted that the right to ITC does not qualify as an unconditional property right. Instead, it is a statutory benefit or concession, subject to the terms of the governing legislation. The court further reasoned that the denial of ITC under Section 16(4) does not constitute a deprivation of property without the sanction of law, as the provision itself is the law that regulates the entitlement to ITC. Hence, the court did not find Section 16(4) violative of Article 300-A, which guards against deprivation of property without the sanction of law.

Conclusion on the Concept of Property

The court's deliberation on the concept of property in this context underscores a critical legal interpretation: statutory benefits or rights, like ITC, do not automatically equate to an absolute property right. Instead, they are conditional entitlements, subject to the provisions and restrictions laid out in the law. This interpretation aligns with the constitutional framework, ensuring that rights and benefits under specialized statutes like the CGST/BGST Act are exercised within the legal parameters set forth by the legislature.

In summary, the court's analysis emphasizes the nuanced understanding of 'property' in legal and constitutional discourse, particularly in the realm of fiscal legislation like the CGST/BGST Act. This interpretation plays a pivotal role in determining the scope and extent of rights and entitlements, like ITC, under specific statutory frameworks.

Full Text:

2023 (9) TMI 902 - PATNA HIGH COURT