GST Relief: Kerala HC Allows ITC Claim Filed Within Extended Deadline Under Section 16(5):

The High Court allowed the taxpayer to claim ITC after finding that returns filed within the extended deadline under Section 16(5) override the earlier time limit.
HC Confirms Section 16(5) Overrides Section 16(4) Time Limit

GST Relief: Kerala HC Allows ITC Claim Filed Within Extended Deadline Under Section 16(5)
The Kerala High Court has passed its judgement on a writ petition filed by a company named Philip Thomas against the State Tax Officer and others, challenging an order passed under Section 73 of the CGST Act. The impugned order had denied the ITC (Input Tax Credit) claimed by the petitioner on the grounds that the petitioner had failed to furnish its return for March 2020 within the statutory time limit prescribed under Section 16(4) of the CGST Act.
However, the petitioner company claimed that as per the newly introduced Section 16(5) of the CGST Act, it is entitled to avail the disputed ITC since the return filed by them for March 2020 was within the cutoff date prescribed under the said section, i.e., November 30, 2021.
When the court analysed the facts of the case, it found the arguments raised by the petitioner relevant. The court noted that the petitioner in reality submitted its GST return for March 2020 on November 02, 2020, which is explicitly before the legal time limit prescribed under Section 16(5) of the Act, i.e., November 30, 2021. The court further noted that Section 16(5) begins with the words “Notwithstanding anything contained in subsection (4),” meaning it overrides the earlier time limit. In conclusion, the petitioner is entitled to avail ITC.
Considering the same, the court quashed the impugned order and sent the case back to the tax authorities for reconsideration. Additionally, directed the tax authorities to pass a fresh order within a period of three months from the date of receipt of a copy of this judgement, after giving the petitioner a proper chance of hearing.
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Saloni Kumari
Content Writer
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
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