Ezhupunna South Service Co-Operative Bank Limited Vs State Tax Officer (Kerala High Court)
Summary: The petitioner challenged an order under Section 73 of the CGST Act concerning 2019–2020. The order denied input tax credit for October 2019 to March 2020 because the petitioner had filed the relevant returns beyond the time stipulated under Section 16(4). The petitioner relied on Section 16(5), which it submitted allowed the credit where the returns were filed by 30 November 2021. The Court noted from Ext.P1 GST ASMT-10 that the returns had been submitted on 14 January 2021, 15 January 2021 and 29 September 2021, all before that cutoff. On the separate issue under Section 16(2)(c), the petitioner submitted that it might be able to furnish suppliers’ declarations to substantiate the transactions and tax remittance. The High Court quashed Ext.P4 and directed the assessing authority to reconsider the matter and grant input tax credit under Section 16(5) if the petitioner was otherwise entitled to it. The petitioner was permitted to submit any declarations concerning Section 16(2)(c) within one month of receiving the judgment. The authority was directed to complete the proceedings within four months after giving the petitioner an opportunity of hearing.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
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