Sravana Textiles Vs Assistant State Tax Officer (Kerala High Court)
Material Facts
The petitioner, a registered taxpayer under the CGST/SGST Act, challenged an order passed under Section 73 of the CGST Act whereby input tax credit (ITC) claimed for March 2020 was denied. The denial was based on the ground that the petitioner had not filed the return within the cut-off date referred to in the order.
Procedural History
The petitioner filed a writ petition before the Kerala High Court challenging Ext. P1 order passed under Section 73 of the CGST Act.
Legal Issue
Whether the petitioner was entitled to ITC for March 2020 when the return for that period was filed on 04.01.2021 in light of Section 16(5) of the CGST Act.
Relevant Statutory Provisions
- Section 73 of the CGST Act
- Section 16(5) of the CGST Act
Parties’ Submissions
The petitioner contended that, in view of Section 16(5) of the Act, a taxpayer furnishing the relevant return on or before 30.11.2021 would be entitled to the benefit of ITC. Since the return for March 2020 was filed on 04.01.2021, it was submitted that the claim was within the statutory period.
Court’s Findings and Reasoning
The High Court noted that Ext. P1 itself recorded that the return for March 2020 had been filed on 04.01.2021. The Court observed that this filing was within the statutory period contemplated under Section 16(5).
