Lloyd Insulations India Limited Vs State Tax Officer (Kerala High Court)
Lloyd Insulations India Limited approached the Kerala High Court challenging the denial of input tax credit (ITC) for the financial year 2019-20, as per the provisions of Sub-Section (4) of Section 16 of the CGST/SGST Acts, through an order dated 23.08.2024. The petitioner argued that with the notification of Sub-Section (5) of Section 16, they should be entitled to the ITC that was previously denied. After hearing the petitioner’s counsel and the Government Pleader, the court decided to set aside the order that denied the ITC, acknowledging the relevance of the newly notified Sub-Section (5). The court directed the competent authority to issue a fresh order considering the provisions of Section 16(5), after giving the petitioner a chance to be heard. This process must be completed within three months from the receipt of a certified copy of the judgment.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
Petitioner has approached this Court, being aggrieved by the fact that petitioner has been denied the benefit of input tax credit on account of the provisions contained in Sub Section (4) of Section 16 of the CGST/SGST Acts, for the financial year 2019-20, through Ext.P3 order dated 23.08.2024.
