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TMI Blog2024 (11) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenge made in the writ petition before this Court is no longer required to be addressed in view of the amendments brought in by the Finance (No. 2) Act, 2024. In view of the amendments brought in it is evident that the petitioner is entitled to avail the benefit of input tax credit for the relevant period. In view of the amendments brought in, the petitioners are entitled to get the claim of the input tax credit subject to the conditions prescribed in the newly inserted Section 16(5) and Section 16(6) of the CGST Act, 2017 [inserted by Finance (No. 2) Act, 2024]. In view of the amendments brought into the statute by the Finance (No. 2) Act, 2024 and which amendments have been given retrospective effect from 01.07.2017, the proceedings initiated against the petitioners by way of show-cause notices reference No. ZD18007230064969 dated 24.07.2023 and reference No. ZD1802923016975X dated 29.09.2023 have been rendered redundant. Since the decision has already been taken that the same notification is required to be issued by the State Government, taking such submissions into account, this Court deems it proper to close the instant writ petition by setting aside the impugned order bear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 168A of the CGST Act, 2017 was brought into statute which permitted the Government to extend the time limits under special circumstances and it provides that notwithstanding anything contained in the CGST Act, 2017, the Government may on the recommendations of the GST Council by notification extend the time limit specified in or prescribed under the Act in respect of actions which cannot be completed due to force majeure conditions. 6. It is also necessary at this stage to refer to Section 73 which provides for determination of tax not paid, short paid, erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful misstatements or suppressions of facts. To initiate proceedings under Section 73 of the CGST/AGST Act, 2017 the appropriate authority is required to issue notice under sub-section 1 of Section 73 at least 3 (three) months prior to the time limits specified under sub-Section 10 for issuance of Order. Under sub-section 10 of the Section 73 of the CGST/AGST Act, 2017, it is provided that the order required to be passed under Section 73 of the CGST/AGST Act, 2017 shall be within 3 (three) years from the due date of furni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. ZD18007230064969 dated 24.07.2023 alleging inter alia that during the financial year 2017-18, the petitioners Company had availed ineligible ITC to the tune of Rs. 1,75,39,245.18 in violation of Section 16 (4) of the CGST/AGST Act. The petitioners submitted their show-cause reply vide DRC-06 being ARN No. ZD180823010407I dated 24.08.2023. The petitioners were thereafter served with another show-cause notice in Form DRC-01 bearing reference No. ZD1802923016975X dated 29.09.2023. The petitioners again submitted their show-cause reply vide DRC-06 being ARN No. ZD181223033555J dated 20.12.2023. However, without considering the replies of the petitioners, the respondent authorities by impugned order bearing Reference No. ZD181223061367E dated 30.12.2023 confirmed the demand of Rs. 3,97,75,160/- (Tax Rs. 1,75,39,244.00 + Interest Rs. 2,04,81,992.00 + Penalty Rs. 17,53,924.00). The petitioners are aggrieved by the impugned order dated 30.12.2023 as well as the show-cause notices and has therefore assailed the same. 11. It is the case of the petitioners projected before this Court that the Covid-19 Pandemic situation ended in the year 2022 and therefore, there was no rational in extend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. The learned Standing Counsel had also informed that pursuant to the decision of the GST Council, the Ministry had brought certain amendments inter alia to Section 16 of the CGST Act with effect from 01.07.2017 by the Finance (No. 2) Act, 2024. The Amendment Act was placed before the Court. Subsequently, notification No. 17/2024-Central Tax dated 27.09.2024 was also issued whereby the appointed date for giving effect to the amendments brought under the Finance (No. 2) Act, 2024 was notified. In terms of the said notification, the appointed date for giving effect to the provisions of Sections 118, 142, 148 150 of the Finance (No. 2) Act of 2024 will be the date of publication of Notification No. 17/2024-Central Tax which is 27.09.2024. In other words, amendments which were brought to Section 16 of the CGST Act, 2017 by Section 118 of the Finance (No. 2) Act of 2024 will take effect from 27.09.2024. 17. Section 16 of the CGST Act, 2017 provides for the eligibility and the conditions for taking input tax credit for the registered person. Section 16(4) of the CGST Act, 2017 provides as under: 4. A registered person shall not be entitled to take input tax credit in respect of any inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , where such return is filed within thirty days from the date of order of revocation of cancellation of registration. 19. As discussed above, these amended provisions came into effect from the date of publication of notification No. 17/2024-Central Tax with effect from 27.09.2024. 20. A careful perusal of the provisions revealed that notwithstanding anything contained under Section 16(4) of the CGST Act, 2017 in respect of any invoice or debit note for supply of goods or services or both pertaining to financial years 2017-18, 2018-19, 2019-20 and 2020-21, the registered person shall be entitled to take input tax credit in any return under Section 39 which is filed upto 30th day of November, 2021. 21. Reading of these amended provisions reveal that the challenge made in the writ petition before this Court is no longer required to be addressed in view of the amendments brought in by the Finance (No. 2) Act, 2024. In view of the amendments brought in it is evident that the petitioner is entitled to avail the benefit of input tax credit for the relevant period. It is also submitted by the learned Standing Counsel, AGST that similar notification is required to be issued by the State res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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