Input Tax Credit Claims Protected by Retrospective Amendment to Section 16(5) of CGST Act Despite Time Limitations

The HC quashed orders reversing ITC claims based on time limitations, following its precedent in W.P.Nos.25081 of 2023. The court determined that the retrospective amendment to Section 16 of the CGST Act, specifically the insertion of sub-section (5) effective from 01.07.2017, entitles petitioners to avail ITC for GSTR-3B returns filed for FYs 2017-18 through 2020-21 on or before 30.11.2021. The court directed the respondent-Department to de-freeze bank accounts and cease recovery actions, thereby allowing the petition and establishing that the retrospective amendment overrides the original limitation period in Section 16(4). .....

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