GST DAILY – 334 : Order denying ITC for FY 2018-19 due to delay was set aside by HC, remitting case for reconsideration as per Finance (No.2) Act, 2024 amendment

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Order denying ITC for FY 2018-19 due to delay was set aside by HC, remitting case for reconsideration as per Finance (No.2) Act, 2024 amendment

THE HON’BLE MADRAS HIGH COURT IN THE CASE of – Kannan Mahalingam V/s Commissioner of GST & Central Excise, decided on 29-7-2024

👉 Issue:-

✔️ Can assessee was denied benefit of ITC on ground of delayed availing of same, in view of Finance (No.2) Bill?

👉 The Hon’ble High Court Judgement:-

✔️ Where assessee was denied benefit of Input Tax Credit on ground of delayed availing of same, in view of Finance (No.2) Bill, 2024, said order was to be set aside and matter was to be remitted back to Adjudicating Authority to pass fresh order.

Section 16 of Central Goods and Services Tax Act, 2017