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The High Court allowed the writ petition and set aside the impugned order. The matter was remitted back to the respondent authority to pass a fresh order on merits in accordance with the statutory amendment of Section 16(5) of the CGST Act, 2017. Section 16(5) permits belated availing of input tax credit for the assessment years 2017-2018 to 2020-2021, which was notified by the Central Government vide Notification No. 22/2024-Central Tax dated 08.10.2024. The Court held that the Parliament has extended an olive branch to taxpayers by inserting Section 16(5) to address the issue of delayed availing of input tax credit.
The High Court allowed the writ petition and set aside the impugned order. The matter was remitted back to the respondent authority to pass a fresh order on merits in accordance with the statutory amendment of Section 16(5) of the CGST Act, 2017. Section 16(5) permits belated availing of input tax credit for the assessment years 2017-2018 to 2020-2021, which was notified by the Central Government vide Notification No. 22/2024-Central Tax dated 08.10.2024. The Court held that the Parliament has extended an olive branch to taxpayers by inserting Section 16(5) to address the issue of delayed availing of input tax credit.
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