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Issues: Whether the petitioner's claim for input tax credit for the relevant financial year was hit by the time limit under Section 16(4) of the Central Goods and Services Tax Act, 2017, or was saved by the retrospective insertion of Section 16(5), and whether the impugned order and show cause notice required interference.
Analysis: The dispute turned on the effect of Section 16(5), which begins with a non-obstante clause and was inserted with retrospective effect by Section 118 of the Finance (No. 2) Act, 2024. That provision extends entitlement to input tax credit for specified financial years where the return under Section 39 is filed up to 30 November 2021, thereby overriding the earlier restriction under Section 16(4). The order-in-original had denied the credit only on the ground of delay, but the petitioner's returns were filed within the extended period recognised by the amended provision. The subsequent clarification issued by the tax administration was also consistent with that interpretation.
Conclusion: The petitioner's claim for input tax credit could not be rejected solely on the ground of delay, and the matter required reconsideration in light of Section 16(5). The impugned order and show cause notice were set aside and the matter was remitted for fresh adjudication.
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