Input Tax Credit Claims Valid Under Section 16(5) Despite Section 16(4) Limitations in CGST Act
Case-Laws
GST
The HC quashed the attachment of the petitioner's banking account, following precedent established in Sri Ganapathi Pandi Industries (2024). The Court determined that the petitioner's claim for input tax credit, while barred under Section 16(4) of the CGST Act, 2017, was still within the limitation period prescribed by Section 16(5) of the same Act. The Court disposed of the petition on the same grounds as the precedent case, ruling that tax authorities cannot deny ITC claims that fall within the extended limitation period under Section 16(5), despite being outside the standard limitation period under Section 16(4). Petition allowed.
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