Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2024 (1) TMI 502

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 023
WRIT PETITION NO. 105885 OF 2023 (T-RES) - -
GST
HON'BLE MR JUSTICE ANANT RAMANATH HEGDE For the Petitioner (By Sri. H. R. Kambiyavar, Advocate) For the Respondents (By Sri. Shivaprabhu Hiremath, AGA For R1 And R2, Sri. Girish Hulmani, Adv. For R4 And R5, Sri. Shivaraj S. Balloli, Adv. For R3) ORDER The petitioner has questioned the constitutional validity of Section 16(4) o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er in W.P.No.24235/2022 by the High Court of Andhra Pradesh at Amarvati and also in Gobinda Construction Vs Union of India and Others in Civil Writ Jurisdiction Case No. 9108/2021 by the High Court of Judicature at Patna. 4. It is the further submission of the learned counsel for the respondents that similar provisions of Tamil Nadu Value Added Tax Act were held to be constitutional in terms of t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 5) of KGST Rules and the alternative prayer to read down Section 16(4) of CGST Act and KGST Act, r/w Rule 61 of KGST Rules as directory in so far as time limit for taking input tax credit. The submission is placed on record. 7. Since the prayer challenging the constitutional validity or the prayer to read down the provision as prayed in the petition is not pressed, this Court need not examine the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... impugned in the writ petition. 10. In case the petitioner avails any such remedy as provided under law, the time spent in prosecuting the writ petition shall be excluded while computing the limitation, if any prescribed to file appeal or to respond to the said notices. 11. With these observations, the writ petition is disposed of. Nothing is expressed on merits of the claim.
Case laws, Deci .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates