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2022 (7) TMI 650 - HC - VAT and Sales TaxRefund of Input Tax Credit - export sales - zero rated sales - delay in filing of Form W - Section 18(3) of the Act read with Rule 11(2) of the VAT Rules, 2007 - HELD THAT:- Section 19(11) grants a benefit to the assessee stating that if an assessee has failed to set-off ITC in respect of output tax liability in any month, then, he shall have the benefit of an extended time limit for such claim, that is, before the end of financial year or before 90 days from the date of purchase, whichever was later, to make such claim - the claim, once made, would have an impact on the quantification of turnover itself and cannot be equated to a claim for refund. Assessees are granted the benefit of ITC as a set-off against liability and such claim would have a substantial impact upon the computation of tax liability. It was thus necessary for an assessee to exercise this right within the time granted by statute. In the event the timeline had been missed, a further extension of time was granted under Section 19(11). An assessee who misses even the extended timeline had indeed missed the benefit of ITC availment and the returns of the assessee as filed, would be taken to be final. The strict application of the timelines under the Act will not be applicable, particularly, in a situation where the assessee concerned, is otherwise entitled in law, to the same. The filing of the form claiming refund cannot be equated to claim of ITC itself which would have an impact on the quantification of turnover itself. Thus, and for the reasons set out in the preceding paragraphs, the reliance placed by revenue upon the case of ALD Automotive Pvt. Ltd. does not further its case in the present matter. The writ petition is allowed.
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