Tag: sec 16(4)

GST ArticleHigh Court

Constitutional validity of Section 16(2)(c) and 16(4) upheld and due date for availment of ITC has been changed retrospectively from September to 30th November from FY 2017-18 onwards

byCA Bimal Jain

The Hon’ble Kerala High Court in M/s. M. Trade Links has upheld the constitutional validity of Section 16(2)(c) and Section 16(4) of the CGST/SGST Act. After acknowledging the difficulties during the initial implementation years of GST, this Court has relieved the Petitioners by retrospectively extending the time limit to avail ITC to November 30 from the FY 2017-18 onwards.

GST ArticleHigh Court

Constitutional validity of Section 16(4) of the CGST Act challenged

byCA Bimal Jain

The Hon’ble Calcutta High Court in M/s. Jyote Motors Bengal Pvt. Ltd. v. Additional Director, DGGI directed the Jyote Motors Bengal Pvt. Ltd to deposit 10 per cent of disputed tax amount within 2 weeks so that, the court can entertain the writ, also directed the Revenue Department not to take any coercive action if the payment is made within the stipulated time period.