Sagar Brush Industries Vs State Tax Officer (Madras High Court)
Madras High Court held that matter regarding denial of Input Tax Credit (ITC) u/s. 16(4) of the CGST Act is remanded back in terms of Clauses 114 and 146 of the Finance (No.2) Bill, 2024 and enacted in the Finance Act, 2024.
Facts- In these Writ Petitions, the Assessment Orders seeking to deny input tax credit availed by the respective petitioners belatedly beyond the statutory period prescribed under Section 16(4) of the respective GST Enactments were challenged.
Conclusion- Held that since the Parliament itself has come to the rescue of the assessees, I am of the view that the impugned orders passed by the Original Authority as also the Appellate Authority upholding the orders of the Assessing Officer in the batch of Writ Petitions are set aside and the cases are remitted back to the Assessing Officer to pass a fresh order on merits strictly in accordance with the Finance Act, 2024. In case, the proposals in Clauses 114 and 146 of the Finance (No.2) Bill, 2024 are accepted and enacted in the Finance Act, 2024, the benefit of these provisions may be extended to the respective petitioners.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
