9911796707
TMI Blog2024 (8) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... tments - HELD THAT:- Since the Parliament itself has come to the rescue of the assessees, the impugned orders passed by the Original Authority as also the Appellate Authority upholding the orders of the Assessing Officer in the batch of Writ Petitions are set aside and the cases are remitted back to the Assessing Officer to pass a fresh order on merits strictly in accordance with the Finance Act, 2024. In case, the proposals in Clauses 114 and 146 of the Finance (No.2) Bill, 2024 are accepted and enacted in the Finance Act, 2024, the benefit of these provisions may be extended to the respective petitioners. Regarding the demands confirmed in the impugned order, excluding the denial of input tax credit for the wrong availing of input tax cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2022 has been affirmed. It is submitted that the issue otherwise is common in all these Writ Petitions. 4 . Already today, few orders have been passed, wherein under similar circumstances, the respective Assessment Orders as also the order passed by the Appellate Authority under Section 107 of the respective GST Enactments have been set aside and the cases were remitted back in the light of Clauses 114 and 146 of the proposals in the Finance (No.2) Bill, 2024, presented on 23.07.2024. Wherever there is a delay in availing input tax credit for the Assessment Years 2017-2018 upto 2020-2021, the Parliament has extended an olive branch to taxpayers in terms of the proposals contained in Clause 114 of the Finance (No.2) Bill, 2024. This Clause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earlier; or (ii) for the period from the date of cancellation of registration or the effective date of cancellation of registration, as the case may be, till the date of order of revocation of cancellation of registration, where such return is filed within thirty days from the date of order of revocation of cancellation of registration, whichever is later. 5 . The above concession is with a rider in Clause 146 of the Finance (No.2) Bill, 2024 (Bill No.55 of 2024), wherein it has been stated as follows:- '' 146. No refund of tax paid or input tax credit reversed. No refund shall be made of all the tax paid or the input tax credit reversed, which would not have been so paid, or not reversed, had section 114 been in force at all materi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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