2025 (5) TMI 544 - HC - GST

Input tax credits for delayed returns - clause (5) of Section 16 inserted by the Finance (No.2) Act 2024 with effect from 01.07.2017 and the circular dated 15.10.2024 issued by the GST Policy Wing of the Central Board of Indirect Taxes and Customs Department of Revenue Ministry of Finance Government of India - HELD THAT - In view of clause (5) of Section 16 inserted by the Finance (No.2) Act 2024 with effect from 01.07.2017 and the circular dated 15.10.2024 issued by the GST Policy Wing of the Central Board of Indirect Taxes and Customs Department of Revenue Ministry of Finance Government of India the orders (Annexure-2 and Annexure-4 to the writ petition) passed by the respondents are both set-aside and the respondents are directed to allow the petitioner to take input tax credits in respect of the delayed return filed by the petitioner for the period June 2018 to March 2019. Petition disposed off.

Summary

The Jharkhand High Court, through an oral order by Chief Justice M. S. Ramachandra Rao, set aside the impugned orders (Annexure-2 and Annexure-4) passed by the respondents. Relying on clause (5) of Section 16 of the CGST Act, as inserted by the Finance (No.2) Act, 2024 (effective from 01.07.2017), and the GST Policy Wing circular dated 15.10.2024, the Court directed the respondents to allow the petitioner to claim input tax credits for delayed returns filed for the period June 2018 to March 2019. The writ petition (W.P.(T) No. 3123 of 2024) and any pending interim applications were disposed of accordingly.