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TMI Blog2024 (11) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 respondents. The learned Standing Counsel for the respondents fairly submit that in view of the amendments brought in by the Finance (No. 2) Act, 2024 and in view of the Notification No. 17/2024 dated 27.09.2024, the amendments brought in to Section 16 have already taken effect and with retrospective effect from 01.07.2017. As such, in view of the amendments brought in, the petitioner is 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 ini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.06/2020-Central Tax dated 03.02.2020 issued by the Government of India, Ministry of Finance the due date for filing annual return for the financial year 2017-18 was further extended. In so far as the State of Assam is concerned, it was extended upto 07.02.2020. 5. Section 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 sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation. Covid-19 Pandemic situation was taken as a ground for invoking the force majeure condition under Section 168A of the CGST Act, 2017. 10. Pursuant to the extension of the limitations, the petitioner was issued show-cause notice in Form DRC-01 bearing reference No. ZD18002240142212 dated 15.02.2024 alleging inter alia that during the financial year 2018-19, the petitioner Company had availed ineligible ITC to the tune of Rs. 57,32,849/- in violation of Section 16 (4) of the CGST/AGST Act. The petitioner submitted her show-cause reply vide DRC-06 being ARN No. ZD180324001354U dated 02.03.2024. However, without considering the replies of the petitioner, the respondent authorities by impugned order bearing Reference No. ZD180324001417Q dated 02.03.2024 confirmed the demand of Rs. 1,14,65,698/- (Tax Rs.56,31,482.00 + Interest Rs.52,71,068.00 + Penalty Rs.5,63,148.00). The petitioner is aggrieved by the impugned order dated 02.03.2024 as well as the show-cause notice and has therefore assailed the same. 11. It is the case of the petitioner projected before this Court that the Covid-19 Pandemic situation ended in the year 2022 and therefore, there was no rational in extending the du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the GST Council has already taken a decision in its meeting held on 09.09.2024 that certain amendments are required to be made in to the CGST as well as AGST Act. 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 reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of registration or the effective date of cancellation of registration, as the case may be, till the date of order of revocation of cancelation of registration, 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 inp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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