Tvl. Papathi Amma Granite Show Room Vs Deputy State Tax Officer-2 (Madras High Court)
Madras High Court held that section 16(5) of the GST Act should be considered while disallowing Input Tax Credit clam beyond period prescribed under section 16(4) of the GST Act. Thus, directed to re-do assessment.
Facts- The present Writ Petition is filed challenging the assessment order dated 22.04.2024 for the period 2018-2019, on the premise that the Input Tax Credit has been disallowed only on the ground that the claims have been lodged beyond the period prescribed under Section 16(4) of the GST Acts.
Conclusion- Held that the impugned order passed by the respondent dated 22.04.2024 is set aside. The learned assessing adjudicating authority/respondent would re-do the assessment by taking into account the amendment made vide section 118 of the Finance (No. 2) Act, 2024 [i.e. insertion of section 16(5)]. The petitioner may submit their objection by way of reply, within a period of three weeks from the date of receipt of a copy of this order along with the amendment and other details. If such reply is filed, the same shall be considered and orders shall be passed, after affording reasonable opportunity of personal hearing to the petitioner. If such reply is not filed within the prescribed period, i.e., three weeks from the date of receipt of a copy of this order, the impugned order shall stand revived.
