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Question concerns the temporal and statutory effect of amendments to Section 16 of the CGST Act and related CBIC guidance on entitlement to input tax credit (ITC). The court acknowledged subsequent insertion of Section 16(5) and a CBIC Circular, held that those developments materially affect prior adjudication, set aside the earlier appellate order and remitted the matter for fresh consideration by the appellate authority in light of Section 16(5) and the Circular. The appellate authority is directed to decide the revenue appeal anew within four months of parties appearing and filing an authenticated copy of the order.
Question concerns the temporal and statutory effect of amendments to Section 16 of the CGST Act and related CBIC guidance on entitlement to input tax credit (ITC). The court acknowledged subsequent insertion of Section 16(5) and a CBIC Circular, held that those developments materially affect prior adjudication, set aside the earlier appellate order and remitted the matter for fresh consideration by the appellate authority in light of Section 16(5) and the Circular. The appellate authority is directed to decide the revenue appeal anew within four months of parties appearing and filing an authenticated copy of the order.
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