TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tax Return Filing Dispute Resolved: Belated Return and Input Tax Credit Challenges Overturned Under Finance Bill Provisions</h1> HC of Madras set aside the Impugned Order for Assessment Year 2019-2020 related to belated tax return filing and Input Tax Credit. The case is remitted ... Filing of belated returns on 07.07.2020, by which time the Input Tax Credit had partly expired - demand confirmed invoking Section 18(2) of the GST Act, 2017 - HELD THAT:- Clause 114 of the Finance (No.2) Bill, 2024 proposes to regularize the delay in filing Input Tax Credit by inserting Section 16(5) and 16(6) of the CGST Act, 2017. A similar exercise is expected in the context of TNGST Act, 2017 as well. This Court has taken a consistent view under similar circumstances by quashing the Impugned Order and remitting the case back to the 2nd Respondent to pass a fresh order subject to the Finance Act being passed. The impugned Order dated 16.10.2020 is set aside and the case is remitted back to the 2nd Respondent to pass a fresh order on merits and in accordance with law after the Finance Bill is passed and is enacted and the amendment to Section 16 of the respective GST Act - petition allowed by way of remand. The High Court of Madras set aside the Impugned Order dated 16.10.2020 for the Assessment Year 2019-2020, concerning belated filing of returns and expired Input Tax Credit. The case is remitted back to the 2nd Respondent for a fresh order after the Finance Bill is passed and enacted. The Writ Petition is allowed with no cost.
TaxTMI 
TaxTMI 
