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TMI Blog2022 (7) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... ated to a claim for refund. Assessees are granted the benefit of ITC as a set-off against liability and such claim would have a substantial impact upon the computation of tax liability. It was thus necessary for an assessee to exercise this right within the time granted by statute. In the event the timeline had been missed, a further extension of time was granted under Section 19(11). An assessee who misses even the extended timeline had indeed missed the benefit of ITC availment and the returns of the assessee as filed, would be taken to be final. The strict application of the timelines under the Act will not be applicable, particularly, in a situation where the assessee concerned, is otherwise entitled in law, to the same. The filin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the delay as aforesaid, is not fatal to the claim of refund, and for this purpose, one need only refer to the oftquoted decision of this Court in the case of R.K.Knits Vs. Assistant Commissioner (CT), Adyar-II Assessment Circle, Chennai and Others [2015 (84) VST 521 (Mad)] that has been consistently, been followed in several other cases. 4.The issue dealt with in that matter is identical to the present one, and that assessee too had filed the form-W belatedly. However, this Court had concluded that the petitioner was entitled for refund of ITC, its entitlement to ITC itself not being disputed. Thus, the delay in filing of Form W would not militate against its claim as it was only a procedural requirement that must not stand in the way ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsion of time. It was thus mandatory and a pre-condition for consideration of the claim for utilisation of ITC. 8. They also noticed the earlier judgment in the case of Jayam and Co. Vs. Assistant Commissioner and Another [2016 (15) SCC 125], wherein the provisions of Sections 19(20), 3(2) and 3(3) of the Act had been challenged. In Jayam and Co. , the proposition that was settled was that ITC could not be claimed as a matter of right as it was, but a concession extended to the Assessee by the State. 9.The Act provides for the set of ITC as against output tax. Section 19(11) grants a benefit to the assessee stating that if an assessee has failed to set-off ITC in respect of output tax liability in any month, then, he shall have the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fact that the petitioner has claimed the benefit of Section 16 relating to zero rated sales is also undisputed. 13.In such circumstances, the strict application of the timelines under the Act will not, in my considered view, be applicable, particularly, in a situation where the assessee concerned, is otherwise entitled in law, to the same. The filing of the form claiming refund cannot be equated to claim of ITC itself which would have an impact on the quantification of turnover itself. Thus, and for the reasons set out in the preceding paragraphs, the reliance placed by revenue upon the case of ALD Automotive Pvt. Ltd. does not further its case in the present matter. 14.Learned Government Advocate would submit that the case of R.K. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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