Petitioners challenged adjudication order passed u/s 73(9) of ...

Delay in filing GSTR 3B leads to reversal of ITC; Court grants interim relief subject to deposit.

September 18, 2024

Case Laws GST HC

Petitioners challenged adjudication order passed u/s 73(9) of CGST/WBGST Act, 2017. Court noted Rs. 3,96,08,142/- was reversible as petitioners availed ITC by filing GSTR 3B after due date. Finance Bill No. 02 of 2024 proposes amending Section 16 to allow ITC for returns filed until 30th November 2021 for FY 2017-18 to 2020-21. Petitioners filed Form 3B for 2018-19 belatedly but before 30th November 2021. Court held petitioners made out prima facie case and Finance Bill 2024 covers major part of determination u/s 73 for 2018-19. Petitioners directed to deposit Rs. 25 lakhs with Registrar General within 3 weeks, to be invested in interest-bearing fixed deposit until further order.

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Petitioners challenged adjudication order passed u/s 73(9) of ...

Delay in filing GSTR 3B leads to reversal of ITC; Court grants interim relief subject to deposit.

September 18, 2024

Case Laws GST HC

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