9911796707
TMI Blog2024 (11) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of this Court in the case of M/s. Sadhana Enviro Engineering Services vs. Joint Commissioner of Central Tax others [ 2024 (9) TMI 1648 - KARNATAKA HIGH COURT ] where it was held that 'In view of the amendment by inserting Section 16(5) to the CGST / KGST Act, the present petition deserves to be disposed of relegating the parties to the original authority to implement and give effect to the said provisions after providing sufficient and reasonable opportunity to the petitioner and hearing them and proceed further in accordance with law and by issuing certain directions in this regard.' In view of the aforesaid facts and circumstances and the judgment of this Court in M/s. Sadhana Enviro Engineering s case, the present petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eads as under:- 2. Heard learned Senior counsel for the petitioner and learned counsel for the respondents revenue and learned AGA for the State and perused the material on record. 3. Learned Senior counsel for the petitioner submitted that though several contentions have been urged by the petitioner who has also sought for various reliefs, during the pendency of the present petition, a new provision i.e., Section 16 (5) has been inserted by The Finance (No. 2) Act, 2024 vide Central Act 15 of 2024, in which, Clause No.118 provides for condonation of delay in availment of credit and extended the time limit by providing that for supplies pertaining to the financial years 2017-18, 2018-19, 2019-20 and 2020-21, the petitioner would be entitled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit would stand extended upto 30.11.2021. It is also submitted that since presidential asset has already been received to The Finance (No. 2) Act, 2024 , necessary Notification would be issued shortly and as such, the present petition may be disposed of accordingly. 5. As rightly contended by the learned Senior counsel for the petitioner as well as learned counsel for the respondents revenue and learned AGA for the State, Section 16 (5) was inserted into the CGST Act vide Clause 118 of the The Finance (No. 2) Act, 2024 , which reads as under:- 118. In Section 16 of the Central Goods and Services Act, with effect from the 1st day of July, 2017, after sub-section (4), the following sub-sections shall be inserted, namely:- (5) Notwithstand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) ledger of the petitioner vide Annexure-F dated 03.02.2020 is hereby quashed. (iv) The respondents are directed to unblock and release the credit balance of the petitioner in their ITC Ledger / Account, if not already released, immediately / forthwith upon receipt of a copy of this order without any delay. (v) All rival contentions on all other prayers sought for by the petitioner including the challenge to the statutory provisions are kept open and no opinion is expressed on the same. 4. In view of the aforesaid facts and circumstances and the judgment of this Court in M/s. Sadhana Enviro Engineering s case supra, I am of the view that the present petition also deserves to be allowed and disposed of in terms of the said judgment. 5. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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