2024 (12) TMI 574 - HC - GST

Denial of benefit of input tax credit on account of the provisions contained in Sub Section (4) of Section 16 of the CGST/SGST Acts for the financial year 2019-20 - HELD THAT - Having regard to the assertion of the learned counsel appearing for the petitioner that on account of notification of Sub-Section (5) of Section 16 of the CGST/SGST Acts the petitioner will be entitled to input tax credit which has been denied to the petitioner by Ext.P3 order the writ petition will stand disposed of setting aside Ext.P3 to the extent that it denied input tax credit to the petitioner on account of the provisions of Sub Section (4) of Section 16 of the CGST/SGST Acts and directing the competent authority to pass fresh orders after taking note of the provisions contained in Section 16(5) of the CGST/SGST Acts and after affording an opportunity of hearing to the petitioner within a period of three months from the date of receipt of a certified copy of this judgment.

Summary

The petitioner was denied input tax credit for the financial year 2019-20 under Sub Section (4) of Section 16 of the CGST/SGST Acts. The petitioner is now entitled to the benefit of input tax credit under Sub-Section (5) of Section 16. The court set aside the denial of input tax credit and directed the competent authority to pass fresh orders within three months.