9911796707
TMI Blog2025 (1) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... claration or any other appropriate writ or direction declaring the provisions of section 16(4) of CGST Act/ SGST Act, 2017, as being illegal, unreasonable, arbitrary and discriminatory and therefore to be struck down as violative of Article 14, 19 and 300A of the Constitutional of India; b) In the alternative, this Hon'ble Court may to 'read down' the said wordings contained in Section 16(4) of CGST / SGST Act, 2017 so as to interpret the time limit for taking input tax credit as procedural and directory in nature; c) issue a writ of certiorari any other appropriate writ or quash the impugned order bearing no. NIL dated 28/02/2023 for the period April 2019 to March 2020 passed Under Section 73(9) of KGST/CGST Act, 2017 Read with Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vides 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 to avail / claim credit in any return filed up to 30.11.2021. It is submitted that the said "The Finance (No.2) Act, 2024" received presidential asset on 16.08.2024 and would be notified shortly. It was further submitted that in cases where assessees had paid amounts as pre-deposit under court orders or in appeal proceedings or amounts recovered by the respondents - revenue are paid by the assessees pursuant to recovery proceedings, the embargo contained in Clause 150 of the said "The Finance (No.2) Act, 2024" would not apply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 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) Notwithstanding anything contained in subsection (4), in respect of an Invoice or Debit note for supply of goods or services or both pertaining to the 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 up to the thirtieth day of November, 2021. (6) xxxxxxxxxxxxx (i) xxxxxxxxxxxxxx (ii) xxxxxxxxxxxxxx " 6. In view of the aforesaid amendment by inserting Section 16(5) to the CGST / KGST Act, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the result, I pass the following:- ORDER (i) Petition is hereby disposed of in terms of the judgment of this Court in the case of M/s. Sadhana Enviro Engineering Services vs. Joint Commissioner of Central Tax & others - W.P.No.6138/2020 dated 03.09.2024. (ii) The impugned Order at Annexure-D dated 28.02.2023 and Summary at Annexure-E dated 28.02.2023 are hereby quashed. (iii) The parties are relegated to the stage of show cause notice dated 25.01.2023 issued by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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