GST — Input Tax Credit — Section 16(4) & 16(5) — Limitation — Extended period (Paras 2, 4, 5, 6)
Section 16(5) of the GST Act operates as a non obstante provision overriding Section 16(4), and extends the time limit for availing input tax credit for specified financial years up to 30.11.2021. Claims falling within the covered period cannot be rejected on the ground of limitation under Section 16(4).
INPUT TAX CREDIT — Eligibility — Filing within extended time (Paras 6)
Where the claim for input tax credit for the financial year 2019–2020 is filed prior to 30.11.2021, such claim is within the permissible extended period under Section 16(5) and cannot be denied as time-barred.
ASSESSMENT ORDER — Rejection of ITC — Illegality (Paras 2, 6, 7)
Rejection of input tax credit solely on the basis that the claim was filed beyond the time stipulated under Section 16(4), without considering the extended period under Section 16(5), is illegal and unsustainable.
WRIT JURISDICTION — Interference — Validity of tax orders (Paras 6, 7)
The High Court, in exercise of jurisdiction under Article 226, can set aside assessment orders that are contrary to statutory provisions and remand the matter for fresh consideration in accordance with law.
REMAND — Fresh consideration — Direction (Para 7)
Upon setting aside the impugned orders, the matter is to be remitted to the Assessing Authority for reconsideration of the claim in light of the correct statutory position.
FINAL RESULT (Para 7)
Writ Petition allowed — Orders rejecting input tax credit set aside — Matter remanded for fresh decision — No costs.
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