Administrative denial of FY2018-19 input tax credit quashed; Section 16(5) extended return filing to Nov 30, 2021; pre-deposit waived
Case-Laws
GST
The HC quashed the impugned administrative action insofar as it rejected input tax credit asserted for FY 2018-19, holding that Section 16(5) prima facie extended the return-filing period until 30 November 2021 and thus rendered the reasoning for denial unsustainable. The court declined to pass a definitive substantive decree given the availability of statutory appellate remedy and the appealable character of the order; however, on the unique facts and prima facie satisfaction that the petitioner is entitled to the credit/refund, the HC waived the statutory pre-deposit requirement. The petition is accordingly disposed of, subject to the petitioner pursuing the appellate remedy.
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