26/07/2023
Dear Professionals,
Big update on Sec 16(4)
HIGH COURT OF ANDHRA PRADESH has given adverse judgement in the case of “Thirumalakonda Plywoods”
HC rules Section 16(4) prescribing time limit for availing ITC is constitutionally valid.
3 dangerous propositions
_1) The time limit prescribed for claiming ITC u/s 16(4) of CGST Act, 2017 is not violative of Article 14, 19(1)(g) and 300A of the Constitution of India._
_2) Section 16(2) of CGST Act, 2017 has no overriding effect on Section 16(4) as both are not contradictory with each other. They will operate independently._
_3) Mere acceptance of Form GSTR-3B returns with late fee will not exonerate the delay in claiming ITC._
Please Feel free to ask any queries
CA. AMIT KUMAR
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