The High Court examined the constitutionality of u/s 16(2)(c) ...

Input Tax Credit restrictions u/s 16(2)(c) and 16(4). Legislation valid. ITC not absolute right. Time limits balanced for tax collection.

June 7, 2024

Case Laws GST HC

The High Court examined the constitutionality of u/s 16(2)(c) and 16(4) of the CGST/SGST Act regarding Input Tax Credit (ITC) restrictions. The Court held that the legislation was valid as it falls u/s Article 246A and serves public purposes. The claim for ITC is a concession, not an absolute right, subject to statutory conditions. The restrictions on ITC time limits were deemed necessary for revenue balance. The Court rejected challenges to the constitutionality of the sections, emphasizing the importance of statutory restrictions. The Court granted partial relief for 2017-18 and 2018-19, allowing for the refund of unutilized ITC and extending the time limit for filing annual returns.

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The High Court examined the constitutionality of u/s 16(2)(c) ...

Input Tax Credit restrictions u/s 16(2)(c) and 16(4). Legislation valid. ITC not absolute right. Time limits balanced for tax collection.

June 7, 2024

Case Laws GST HC

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