Section 16(4) of the CGST Act imposes a time limit for claiming ...

ITC time limit in GST causing double taxation and arbitrarily denying taxpayers' rights. A win for taxpayers' constitutional rights.

Case Laws GST

November 29, 2024

Section 16(4) of the CGST Act imposes a time limit for claiming input tax credit (ITC), restricting it to the due date of filing the return for September following the relevant financial year or the annual return, whichever is earlier. This provision violates Article 14 of the Constitution by arbitrarily depriving taxpayers of their right to claim ITC despite having paid taxes to suppliers. The GST laws lack provisions for revising returns, compelling taxpayers to exercise caution in filing March returns to reconcile entries. Allowing returns with late fees but disallowing ITC amounts to double punishment. Late fees and interest already compensate the treasury and deter delays. Imposing double tax through Section 16(4) is arbitrary and capricious. As the Central Government proposes to amend Section 16 by introducing Section 118, removing the time limit condition, the Court allows the petitions without examining Section 16(4)'s constitutional validity.

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Section 16(4) of the CGST Act imposes a time limit for claiming ...

ITC time limit in GST causing double taxation and arbitrarily denying taxpayers' rights. A win for taxpayers' constitutional rights.

Case Laws GST

November 29, 2024

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