2024 (10) TMI 1029

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....orari or a direction in the nature of writ of certiorari or any other appropriate writ or order quashing the recovery Notice issued u/s 73 of the KGST Act Under reference No. ZD2903240866341D for the period APR 2018-MAR 2019 dated 30/03/2024(ANNEXURE-F) (ii) Issue a Writ of Certiorari or any other appropriate writ or order quashing the Assessment order passed by the 1st Respondent bearing No. CTO/LGSTO-260/77/2023-24-dated 30/03/2024 rejecting the claim of input credit of Rs. 35,3900/- and directing to pay once again the sum of Rs. 35,3900 with interest of 319218 and levy of penalty of Rs. 40000 in total Rs. 71,3118/- on the ground the same is filed after the time limit permitted under section 16 (4) of the CGST/KGST Act 2017. The ....

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....e respondents - revenue and 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 by the petitioner who has also sought for various reliefs, during the pendency of the present petition, a new provision i.e., Section 16 (5) has been inserted by "The Finance (No. 2) Act, 2024" vide Central Act 15 of 2024, in which, Clause No.118 provides for condonation of delay in availment of credit and extended the time limit by providing that for supplies pertaining to the financial years 2017-18, 2018-19, 2019-20 and 2020-21, the petitioner would be entitled to avail / claim credit in any return filed up to 30.11.2021. It is submitted t....

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....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 accordingly. 5. As rightly contended by the learned Senior counsel for the petitioner as well as learned counsel for the respondents - revenue and learned AGA for the State, Section 16 (5) was inserted into the CGST Act vide Clause 118 of the "The Finance (No. 2) Act, 2024", which reads as under:- "118. In Section 16 of the Central Goods and Services Act, with effect from the 1st day of July, 2017, after sub-section(4), the following sub-sections shall be inserted, namely:- (5) Notwithstanding anything contained in ....

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.... (iii) The impugned blocking of the Input Tax Credit (ITC) ledger of the petitioner vide Annexure-F dated 03.02.2020 is hereby quashed. (iv) The respondents are directed to unblock and release the credit balance of the petitioner in their ITC Ledger / Account, if not already released, immediately / forthwith upon receipt of a copy of this order without any delay. (v) All rival contentions on all other prayers sought for by the petitioner including the challenge to the statutory provisions are kept open and no opinion is expressed on the same. 4. In view of the aforesaid facts and circumstances and the judgment of this Court in M/s. Sadhana Enviro Engineering's case supra, I am of the view that the present petition al....