9911796707
TMI Blog2024 (9) TMI 1345X X X X Extracts X X X X X X X X Extracts X X X X ..... from the record that the petitioner had not utilized the input tax credit claimed in Ext. P5 and had actually filed Ext. P6 return in the month of August 2018, reversing the input tax credit claimed in Ext. P5. The petitioner is an honest taxpayer, who had noticed his mistake and had taken steps to rectify the same by filing Ext. P6 return during the month of August-2018. Section 39 (9) of the CGST/SGST Acts indicates that where a registered person is required to revise any return filed by him, the same has to be done before the 30th day of November of the year following the financial year to which such details pertain. Therefore, in the facts of the present case, the petitioner had time till 30.11.2018 to file an application for rectifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax paid by the petitioner for the relevant period. It is submitted that, on coming to know of the discrepancy and before any notice was issued to the petitioner, the petitioner reversed the input tax credit in its entirety while filing Form GSTR-3B for the month of July 2018 on 24.08.2018. Reference is made in this regard to Ext. P6. It is submitted with reference to the provisions of Sub-Section (9) of Section 39 of the CGST/SGST Acts that the time for rectification of Ext. P5 return was available till 30.11.2018 and since the petitioner had filed Ext. P6 return, reversing the incorrectly claimed input tax credit, there could have been no demand of the nature raised in Ext. P1 against the petitioner. It is submitted that, in such circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ediately after the introduction of GST and when the procedures were not fully clear to all the assessees. It is also evident from the record that the petitioner had not utilized the input tax credit claimed in Ext. P5 and had actually filed Ext. P6 return in the month of August 2018, reversing the input tax credit claimed in Ext. P5. 5. The said reversal was even before any notice had been issued to the petitioner. Therefore, it must be concluded that the petitioner is an honest taxpayer, who had noticed his mistake and had taken steps to rectify the same by filing Ext. P6 return during the month of August-2018. Section 39 (9) of the CGST/SGST Acts indicates that where a registered person is required to revise any return filed by him, the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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