2024 (9) TMI 1648

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... following reliefs:- "a) This Hon'ble Court may issue a writ of declaration or any other appropriate writ or direction declaring the provisions of section 16(4) of CGST Act/SGST Act 2017 enclosed as Annexure-A as being illegal, unreasonable arbitrary and discriminatory and therefore to be struck down as violative of Article 14, 19, and 300A. b) In the alternative this Hon'ble Court may to 'read down' the said wordings contained in Section 16(4) of CGST/SGST Act 2017 enclosed as Annexure-A so as to interpret the time limit for taking input tax credit as procedural and directory in nature; c) Issue a writ of declaration or certiorari any other appropriate writ or direction declaring the provisions of Rule 61(5) of C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d allow the refund claim. h) Direct the Respondents by an appropriate writ or Order in the nature of Mandamus or otherwise to unblock or release the blocking of credit balance of Rs. 33,78,077/- of the petitioner in their account in GSTN portal as per the blockage of credit balance issued by the First Respondent enclosed as Annexure-F. and i) Grant such other reliefs and this Honourable High Court may think fit including the cost of this writ petition." 2. Heard learned Senior counsel for the petitioner and learned counsel for the revenue as well as learned AGA for the State and perused the material on record. 3. Learned Senior counsel for the petitioner submitted that though several contentions have been urged ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Finance (No.2) Act, 2024" relating to insertion of Section 16(5) to the CGST Act / KGST Act within a stipulated time frame. 4. Per contra, learned counsel for the respondents - revenue and learned AGA for the respondents - State jointly and fairly submit that it is true that Section 16(5) was inserted vide Clause 118 of "The Finance (No.2) Act, 2024" and that the same was applicable to the petitioner and other assessees and the time for filing returns and availing input tax credit would stand extended upto 30.11.2021. It is also submitted that since presidential asset has already been received to "The Finance (No.2) Act, 2024", necessary Notification would be issued shortly and as such, the present petition may be disposed of accordin....