TaxTMI 
TaxTMI 
2024 (9) TMI 496
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....of Certiorari or any other appropriate Writ or order or direction under Article 226 of the Constitution of India quashing the impugned Show Cause Notice bearing No. ADCOM (ENF)/SZ/DCCT-02/INS-49/2022-23 dated 02.08.2023 issued by the Respondent No. 2 in FORM GST DRC-01 enclosed at Annexure-A demanding input tax credit availed by the Petitioner along with interest and penalty; b) hold that the Petitioner has rightly availed input tax credit of Rs.3,92,52,317/- in respect of the manpower supply services received by the Petitioner during the period 2017-18 to 2022-23; c) pass such further order(s) and other reliefs as the nature and circumstances of the case may require." 2. Heard learned counsel for the petitioner and learned AGA for ....
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....to the notice of respondent No. 2, respondent No. 2 may be directed to consider the same and proceed further in accordance with law. 5. Before adverting to the rival contentions, it is relevant to extract the aforesaid circular issued by the CBIC, which reads as under: "2.5 It can be seen that section 16 (4) of CGST Act links the time limit for ITC availment with the financial year to which the invoice or debit note pertains. As discussed in Para 2.3 above, in case of supplies where the supplier is unregistered and recipient is registered and the tax has to be paid by the recipient on RCM basis, the recipient is required to issue invoice in terms of the provisions of section 31 (3) (f) of CGST Act and pay the tax on the same in cash unde....
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.... CGST Act will be the financial year in which the invoice has been issued by the recipient under section 31 (3) (f) of CGST Act, subject to payment of tax on the said supply by the recipient and fulfilment of other conditions and restrictions of section 16 and 17 of CGST Act. In case, the recipient issues the invoice after the time of supply of the said supply and pays tax accordingly, he will be required to pay interest on such delayed payment of tax. Further, in cases of such delayed issuance of invoice by the recipient, he may also be liable to penal action under the provisions of Section 122 of CGST Act." 6. As can be seen from paragraph Nos.2.5, 2.6 and 2.7, the petitioner would be entitled to availment of ITC and cannot be deprived ....