Input tax credit rectification under retrospective GST amendments enables reconsideration of demands linked to time-limit breaches. Retrospective insertion of section 16(5) and section 16(6) of the CGST Act extends the time limit for availing input tax credit in specified cases and applies from 1 July 2017. Tax authorities must take cognizance of the amended provisions at the stages of investigation, adjudication, appeal, or revision, while taxpayers with unappealed orders confirming demand on this issue may seek rectification under the special procedure notified under section 148 within the prescribed period. No refund is available of tax already paid or input tax credit already reversed.
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.
Input tax credit rectification under retrospective GST amendments enables reconsideration of demands linked to time-limit breaches.
Retrospective insertion of section 16(5) and section 16(6) of the CGST Act extends the time limit for availing input tax credit in specified cases and applies from 1 July 2017. Tax authorities must take cognizance of the amended provisions at the stages of investigation, adjudication, appeal, or revision, while taxpayers with unappealed orders confirming demand on this issue may seek rectification under the special procedure notified under section 148 within the prescribed period. No refund is available of tax already paid or input tax credit already reversed.
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