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    <title>2025 (12) TMI 1186 - KERALA HIGH COURT</title>
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    <description>Section 16(5) of the CGST Act was treated as a later, overriding and independent basis for claiming input tax credit where its own conditions, including filing before the prescribed cut-off date, were satisfied. The earlier adverse decision concerning the validity of Section 16(4) did not bar relief under the subsequent provision, because Section 16(5) created a fresh cause of action. The assessment order declining credit was therefore quashed, and the matter was remitted for fresh consideration after hearing, with credit to be granted if otherwise admissible under Section 16(5).</description>
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      <description>Section 16(5) of the CGST Act was treated as a later, overriding and independent basis for claiming input tax credit where its own conditions, including filing before the prescribed cut-off date, were satisfied. The earlier adverse decision concerning the validity of Section 16(4) did not bar relief under the subsequent provision, because Section 16(5) created a fresh cause of action. The assessment order declining credit was therefore quashed, and the matter was remitted for fresh consideration after hearing, with credit to be granted if otherwise admissible under Section 16(5).</description>
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