Proposed Amendment to CGST Act Section 16(4) May Ease Restrictions on Input Tax Credit Claims for Taxpayers.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Section 16(4) of the CGST Act imposes a time limit for claiming input tax credit (ITC), restricting it to the due date of filing the return for September following the relevant financial year or the annual return, whichever is earlier. This provision violates Article 14 of the Constitution by arbitrarily depriving taxpayers of their right to claim ITC despite having paid taxes to suppliers. The GST laws lack provisions for revising returns, compelling taxpayers to exercise caution in filing March returns to reconcile entries. Allowing returns with late fees but disallowing ITC amounts to double punishment. Late fees and interest already compensate the treasury and deter delays. Imposing double tax through Section 16(4) is arbitrary and capr.........