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of <h1>High Court Upholds Input Tax Credit Claim, Orders Reconsideration of Petitioner's Eligibility Under Section 16(5) of CGST/SGST Act</h1> <h3>M/s. Sark Cables Pvt. Ltd. Versus The Deputy Commissioner Of Central Tax & Central Excise and State Tax Officer (Investiation Branch), Pallakkad</h3> HC allowed writ petition challenging ITC denial, finding petitioner eligible to claim input tax credit under Section 16(5) of CGST/SGST Act. Court ... Denial of the benefit of input tax credit on account of the provisions contained in Sub Section (4) of Section 16 of the CGST/SGST Act, for the financial year 2017-2018 through Ext.P4 proceeding dated 13.12.2023 - HELD THAT:- By the incorporation of section 16(5) to the CGST Act, the time limit to claim the input tax credit for the financial years 2017-18 to 2020-21 has been extended till 30-11-2021. In view of the incorporation of sub-section (5) of Section 16 of the CGST/SGST Act, petitioner claims that it will be entitled to input tax credit, as it had filed the returns within the time prescribed therein. Petitioner’s claim for input tax credit has been rejected without reference to section 16(5) of the CGST/SGST Act. Hence, Ext.P4 order is liable to be set aside to the extent it had denied input tax credit to the petitioner on the basis of Sub Section (4) of Section 16 of the CGST/SGST Act and a reconsideration is required to be directed. Ext. P4 is set aside to the extent it has denied input tax credit to the petitioner, and the competent authority is directed to pass fresh orders within three months from the date of receipt of a certified copy of this judgment - Petition allowed. The Kerala High Court, through Justice Bechu Kurian Thomas, allowed the petitioner's writ petition challenging the denial of input tax credit (ITC) under Section 16 of the CGST/SGST Act for the financial year 2017-2018. The petitioner's claim was initially rejected based on Sub-Section (4) of Section 16. However, with the subsequent incorporation of Sub-Section (5) to Section 16, the time limit to claim ITC for 2017-18 to 2020-21 was extended until 30-11-2021. The Court held that the petitioner, having filed returns within the extended period, is entitled to claim ITC under Section 16(5). The Court set aside Ext.P4 to the extent it denied ITC without considering Section 16(5) and directed the competent authority to reconsider the claim afresh, 'after affording the petitioner an opportunity of hearing,' within three months.
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