Judicial Corner : GST : Avail ITC only after ensuring compliance under Section 16 of CGST Act 2017 (24.06.2024)

Avail ITC only after ensuring compliance under Section 16 of CGST Act 2017

Kerala High Court upholds constitutional validity which was challenged :

  • Sections 16(2)(c) (disallowance of input tax credit (ITC)  due to non-payment of tax by supplier)
  • Section 16(4) (time limit for claiming ITC) of Central Goods  and Services Tax Act, 2017 (CGST Act);

However, grants relief by allowing claim of ITC to assessee who had filed Forms GSTR-3B for September (of each financial year) beyond the prescribed due date, but prior to 30 November of the relevant year.

[M/S TRADE LINKS v. UNION OF INDIA AND ORS 2024 (6) TMI 288]

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