Retrospective input tax credit entitlement enables rectification of credit demand orders; special procedure allows adjustments but no refund. Retrospective insertion of sub sections (5) and (6) to Section 16 extends entitlement to input tax credit for specified years and revoked registrations; authorities must recognise this entitlement at all stages of proceedings. Where demand orders confirming denial of credit exist and no appeal is pending, taxpayers may file rectification under the special section 148 procedure via the GST portal with prescribed annexure details; the original proper officer will decide, upload rectified summaries in specified forms, and observe natural justice. No refund of tax paid or credit reversed is permissible under the Finance Act provision.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Retrospective input tax credit entitlement enables rectification of credit demand orders; special procedure allows adjustments but no refund.
Retrospective insertion of sub sections (5) and (6) to Section 16 extends entitlement to input tax credit for specified years and revoked registrations; authorities must recognise this entitlement at all stages of proceedings. Where demand orders confirming denial of credit exist and no appeal is pending, taxpayers may file rectification under the special section 148 procedure via the GST portal with prescribed annexure details; the original proper officer will decide, upload rectified summaries in specified forms, and observe natural justice. No refund of tax paid or credit reversed is permissible under the Finance Act provision.
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