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TMI Blog2024 (9) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... e circular completely supports the claim of the petitioner especially in the light of the judgment of the Apex Court in the KP VARGHESE VERSUS INCOME-TAX OFFICER, ERNAKULAM, AND ANOTHER [ 1981 (9) TMI 1 - SUPREME COURT] to the effect that a CBIC circular is binding upon the respondents. However, since the said circular was issued during the pendency of the present petition and the respondents did not have the benefit of the said circular at the time of issuance of the Show Cause Notice, it is deemed just and appropriate to dispose of this petition and direct respondent No. 2 to consider the objections to be filed by the petitioner and proceed further in accordance with law, bearing in mind the aforesaid circular and take appropriate decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d perused the material on record. 3. In addition to reiterating various contentions urged in the petition and referring to the material on record, learned Counsel for the petitioner invited my attention to the impugned Show Cause Notice issued under Section 73 (1) of the CGST/KGST Acts read with IGST Acts, 2017 in order to point out that respondent No. 2 has come to the erroneous conclusion that the petitioner was not eligible to claim IGST Input Tax Credit (for short 'ITC') for the period July 2017 to March 2023 on the ground that there was a delay in taking credit beyond the stipulated period as contemplated under Section 16 (4) of the CGST Act, 2017. In this context, it is pointed out that the said position was clarified by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed in Para 2.1 above, ITC cannot be availed by a registered person in respect of any supply of goods or services or both received by him, as per the provisions of section 16 (2) (a) of CGST Act, unless he is in possession of a tax invoice or debit note or such other tax paying documents as may be prescribed. 2.6 A combined reading of the above provisions leads to a conclusion that as ITC can be availed by the recipient only on the basis of invoice or debit note or other duty paying document, and as in case of RCM supplies received by the recipient from unregistered supplier, invoice has to be issued by the recipient himself, the relevant financial year, to which invoice pertains, for the purpose of time limit for availment of ITC under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ility to pay interest on account of his claim having been filed belatedly as can be seen from the circular. The aforesaid circular completely supports the claim of the petitioner especially in the light of the judgment of the Apex Court in the K.P.VARGHESE Vs. INCOME TAX OFFICE, ERNAKULAM, AIR 1981 SC 1922 to the effect that a CBIC circular is binding upon the respondents. However, since the said circular was issued during the pendency of the present petition and the respondents did not have the benefit of the said circular at the time of issuance of the Show Cause Notice, I deem it just and appropriate to dispose of this petition and direct respondent No. 2 to consider the objections to be filed by the petitioner and proceed further in acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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