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Court admitted the writ challenging amendment to Rule 61(5) of the CGST Rules

Date 04 Oct 2023
Written By
Company Challenges Amendment to Rule 61(5) of CGST Rules 2017; Court Grants Interim Stay with Conditions
The Madras High Court admitted a writ challenging the amendment to Rule 61(5) of the Central Goods and Services Tax Rules, 2017. The petitioner, a company, contested an order confirming a tax demand for availing Input Tax Credit (ITC) beyond the time limit set by the CGST Act. The court acknowledged the petitioner's challenge to the rule's amendment and directed the petitioner to pay 10% of the disputed tax within four weeks to secure an interim stay on further proceedings. The case is scheduled for further hearing on October 10, 2023. - (AI Summary)

The Hon’ble Madras High Court in M/S. SAKTHI INDUSTRIES VERSUS UNION OF INDIA - 2023 (9) TMI 1354 - MADRAS HIGH COURT  admitted the writ challenging amendment to Rule 61(5) of the Central Goods and Services Tax Rules, 2017 ("the CGST Rules”) and directed the Petitioner to pay 10% of the disputed amount within a period of 4 weeks to get the interim stay from all further proceedings.

Facts:

M/s. Sakthi Industries (“the Petitioner”) availed Input Tax Credit (“ITC”) which as per the Revenue Department is beyond the limitation prescribed under Section 16(4) read with Section 39 of the CGST Act ("the CGST Act”) read with Rule 61(5) of the CGST Rules and accordingly issued the demand cum show cause notice.

Thereafter, the Adjudicating Authority vide an Order dated July 25, 2023 (“the Impugned Order”) on the ground that the ITC availed by the Petitioner being beyond the time limit prescribed under Section 16(4) confirmed the demand.

Aggrieved by the Impugned Order the Petitioner filed writ before the Hon’ble Madras High Court challenging the Impugned Order.

Held:

The Hon’ble Madras High Court in M/S. SAKTHI INDUSTRIES VERSUS UNION OF INDIA - 2023 (9) TMI 1354 - MADRAS HIGH COURT   held as under:

 

Author can be reached at info@a2ztaxcorp.com)

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