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Issue ID: 119523
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16(5) benefit if appeal filed-how to take

Date 16 Jan 2025
Replies 3 Replies
Views 1545 Views
Input tax credit eligibility: withdraw the appeal and seek rectification or ask the officer to decide under changed eligibility.
Taxpayer may withdraw a pending appeal and file a rectification application to claim input tax credit that became newly eligible due to a change in eligibility rules; alternatively, the taxpayer can request the assessing officer to decide the matter in light of the changed ITC eligibility and pass appropriate orders recognizing the entitlement. (AI Summary)

Dear experts,

for the FY 2019-20 we have filed appeal for 16(4) ineligible ITC, now the period extended as per section 16(5) and hence our ITC becomes eligible now.

My querry is whether we can withdraw the appeal and file rectification application.

3 answers
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Replied on Jan 17, 2025
1.

Yes, you can withdraw the appeal and go for the rectification.

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Replied on Jan 26, 2025
2.

Instead of withdrawing the appeal, write to the officer to decide the matter in the light of the new section 16(5) and pass appropriate orders.

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Replied on Feb 13, 2025
3.

tysm for your expert opinion

Old Query - New Comments are closed.

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