Input Tax Credit Cannot Be Denied for GSTR-3B Returns Filed Late When Section 16(5) Amendment Provides New Cut-off Date

Input Tax Credit Cannot Be Denied for GSTR-3B Returns Filed Late When Section 16(5) Amendment Provides New Cut-off DateCase-LawsGSTThe HC quashed an order disallowing Input Tax Credit (ITC) claimed by the petitioner in GSTR-3B returns filed beyond the due

Input Tax Credit Cannot Be Denied for GSTR-3B Returns Filed Late When Section 16(5) Amendment Provides New Cut-off Date
Case-Laws
GST
The HC quashed an order disallowing Input Tax Credit (ITC) claimed by the petitioner in GSTR-3B returns filed beyond the due date under WBSGST/CGST Act, 2017. The Court held that the subsequent amendment to Section 16(5) had regularized the petitioner's returns for tax period April 2018 to March 2019 by providing a new cut-off date, and therefore the petitioner could not be denied the benefit of this amendment. The petitioner was permitted to apply before the appropriate authority by making a rectification application. The petition was accordingly disposed of.
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