9911796707
TMI Blog2024 (8) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... 16027 of 2022 - - - GST - Delayed availing of Input Tax Credit contrary to Section 16(4) of the respective GST Enactments - HELD THAT:- This is fit case for interference as the Parliament has itself taken stock of the situation by addressing the issue in Clause 114 of the Finance (No.2) Bill, 2024 with the rider in Clause 146 of the Finance (No.2) Bill, 2024. The impugned Order-in-Appeal No.MAD- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019. The dispute primarily relates to the delayed availing of Input Tax Credit contrary to Section 16(4) of the respective GST Enactments. 3. The learned counsel for the petitioner would place reliance on the Clause 114 of the Finance (No.2) Bill, 2024, pursuant to the recommendation of the GST Council in its 53rd Meeting held on 22.06.2024. It is submitted that the intention of the Parliament is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clause 114 Clause 146 114. In section 16 of the Central Goods and Services Tax Act, with effect from the 1st day of July, 2017, after subsection (4), the following sub-sections shall be inserted, namely: (5) Notwithstanding anything contained in sub-section (4), in respect of an invoice or debit note for supply of goods or services or both pertaining to the Financial Years 2017- 18, 2018-19, 2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thirtieth day of November following the financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier; or (ii) for the period from the date of 146. 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 material times. 6. Un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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