2024 (12) TMI 575 - 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 - 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 Exts.P1 and P2 the writ petition will stand disposed of setting aside Exts.P1 and P2 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 financial years 2018-19 and 2019-20 due to Section 16(4) of CGST/SGST Acts. With the notification of Section 16(5), petitioner is now entitled to the credit. The court set aside the previous orders and directed a fresh decision within three months.