Time limit for Input Tax Credit extended retrospectively; claims within the extended period permitted and remitted for factual eligibility review.

Time limit for Input Tax Credit extended retrospectively; claims within the extended period permitted and remitted for factual eligibility review.Case-LawsGSTSection 16(5), as inserted retrospectively from 01.07.2017, extends and overrides the time lim…

Time limit for Input Tax Credit extended retrospectively; claims within the extended period permitted and remitted for factual eligibility review.
Case-Laws
GST
Section 16(5), as inserted retrospectively from 01.07.2017, extends and overrides the time limit under Section 16(4) for claiming input tax credit for financial years 2017 18 to 2020 21, so returns filed within the extended cut off are not barred merely by the earlier time limit; orders denying ITC solely on that time bar were set aside. The matter is remitted to the assessing authority to determine factual eligibility for the claimed ITC, permitting factual reassessment but not re-opening the legal conclusion on the extended time limit.
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