High Court Quashes Input Tax Credit Order, Mandates Reconsideration Under CGST Act Section 16(5) for Fair Adjudication
Case-Laws
GST
HC allowed the petition challenging the adjudication order related to input tax credit under CGST/WBGST Act. The court set aside the existing order and directed the adjudicating authority to re-adjudicate the show-cause notice, taking into consideration the newly inserted sub-section (5) of Section 16, which was effective from 1st July, 2017. The decision follows the precedent established by Jharkhand HC and aligns with the Central Board of Indirect Taxes and Customs Notification No.22/2024, providing a special procedure for rectification of orders involving input tax credit contraventions.
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