2025 (8) TMI 1329

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....Central Tax (hereinafter 'impugned notification') dated 31st March, 2023, as also the Show Cause Notice (hereinafter 'SCN') dated 05th December, 2023 and Demand Order dated 20th February, 2024 (hereinafter 'impugned order'). 3. At the outset, Mr. Rakesh Kumar, ld. Counsel submits that in this petition, the challenge to impugned Notification is not pressed and the same may be subject to outcome of the decision by the Supreme Court in S.L.P. (C) No. 4240/2025 titled M/s HCC-SEW-MEIL-AAG JV v. Assistant Commissioner of State Tax & Ors. 4. In so far as the SCN is concerned, the same has been raised on various following heads. (i) Reconciliation of GSTR-01 with GSTR-3B (ii) The excess input tax credit (ITC) claimed on account of non-reconc....

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....section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person. xxxxxx (4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the [thirtieth day of November] following the end of financial year to which such invoice or [****] debit note pertains or furnishing of the relevant annual return, whichever is earlier. [Provided that the registered person shall be entitled to take input tax credit after the due date of furnishing o....

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....served that, you have availed input tax credit after this due date. Therefore, you are not entitled to the ITC claimed in the GST 3B return as below: S. No. Tax Period Dt. Of filing of return ITC Claimed SGST CGST IGST CESS Total 1 2 3 4a 4b 4c 4d 4e 1 Feb, 2019 2019-10-25 9122 9122 22703 0 40947 2 Mar, 2019 2019-10-25 360581 360581 8261 0 729423 The above amount of ITC is proposed to be recovered." 10. A bare perusal of the reasoning makes it clear that the relevant financial year in the present case is FY 2018-19 and Section 16(5) clearly extends the period for filing returns up till 30th November, 2021. The reasoning given is therefore, prima facie not sustainable However, the Court would not like to ma....