Belated input tax credit claims under retrospective Sections 16(5)-16(6) and GSTR-2A/GSTR-3B mismatch; orders quashed, reassessed
Case-Laws
GST
Belated availing of input tax credit: statutory amendment inserting Sections 16(5)-16(6) (Finance Act 2024, retrospective to 01.07.2017) governs late ITC claims, requiring re-adjudication in favour of the assessee on that legal point – outcome: reassessment on merits. Mismatch between GSTR-2A and GSTR-3B: factual discrepancy must be re-examined by the original authority after hearing the petitioner – outcome: impugned assessment orders quashed and matter remitted. Interim relief conditioned: petitioner to deposit 50% of disputed tax in cash from electronic cash ledger within 30 days; bank attachment to be lifted subject to deposit and no other arrears, failure permitting recovery as if petition dismissed. – HC
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