Kerala HC Allows ITC Claim as Section 16(5) Overrides Section 16(4) Time Limit

Chellakudam Varghese Devassykutty Vs State Tax Officer (Kerala High Court) The petitioner, a registered taxpayer under the CGST/KSGST Act, challenged an order passed under Section 73(9) of the CGST Act whereby Input Tax Credit (ITC) relating to March 2020 was denied on the ground that the monthly returns were not filed within the time limit prescribed under Section 16(4) of the Act. The petitioner relied on Section 16(5), a provision introduced subsequently, which provides that taxpayers who furnished returns on or before 30.11.2021 would be entitled to claim ITC. The Court noted from the show...