9911796707
TMI Blog2024 (11) TMI 1430X X X X Extracts X X X X X X X X Extracts X X X X ..... the GST Acts - HELD THAT:- The impugned order passed by the respondent dated 27.07.2024 is set aside. The learned assessing/adjudicating authority/respondent would re-do the assessment by taking into account the amendment referred supra. The petitioner may submit their objection by way of reply, within a period of three (3) weeks from the date of receipt of a copy of this order along with the amen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that an amendment has been brought into the GST Acts and that Section 16(5) has now been inserted vide Section 118 of the Finance (No. 2) Act, 2024. The relevant provision reads as under: "118. In section 16 of the Central Goods and Services Tax Act, with effect from the 1st day of July, 2017, after sub-section (4), the following sub-sections shall be inserted, namely:-- "(5) Notwithstandin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson shall be entitled to take the input tax credit in respect of such invoice or debit note for supply of goods or services or both, in a return under section 39,-- (i) filed up to thirtieth day of November following the financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier; or (ii) for the period from the date of cancel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government Advocate appearing for the respondent would submit that they would re-do the assessment taking into account the Finance (No. 2) Act, 2024. 5. In view thereof, the impugned order passed by the respondent dated 27.07.2024 is set aside. The learned assessing/adjudicating authority/respondent would re-do the assessment by taking into account the amendment referred supra. The petitioner ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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