Silver Castle Holidays And Resorts (India) Pvt. Ltd. Vs Superintendent (Kerala High Court)
Material Facts: The petitioner, a registered taxpayer under the CGST/SGST Acts, challenged an assessment order passed under Section 73 of the CGST Act. The order denied input tax credit (ITC) for the period April 2018 to March 2019 on the ground that the returns were not furnished within the time prescribed under Section 16(4). The order also imposed liability for excess availment of ITC. The petitioner accepted the liability relating to excess ITC and disputed only the denial of ITC under Section 16(4).
Procedural History
The petitioner filed a writ petition challenging the assessment order to the extent it denied ITC under Section 16(4).
Legal Issues
Whether the denial of ITC under Section 16(4) could be sustained when the returns had been filed within the cut-off date contemplated under Section 16(5) of the CGST Act.
Relevant Statutory Provisions
- Section 73 of the CGST Act.
- Section 16(4) of the CGST Act.
- Section 16(5) of the CGST Act.
Parties’ Submissions
The petitioner submitted that although it did not dispute the liability relating to excess availment of ITC, the denial of ITC under Section 16(4) was unsustainable in view of Section 16(5), which entitled taxpayers to claim ITC if the returns were furnished on or before 30.11.2021.
