TaxTMI 
TaxTMI 
2026 (1) TMI 200
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....2017") has rejected the petitioners' request for rectification of an order dated June 14, 2024 passed by the said authority under Section 107 of the said Act of 2017. Such request had been made by the petitioner in terms of a Notification dated October 8, 2024 issued by the Central Board of Indirect Taxes and Customs under Section 148 of the said Act of 2017. 2. The case run in the writ petition and as submitted by Mr. Kanodia, learned advocate appearing for the petitioners is as follows : a) The petitioners, engaged in the business of manufacturing and supply of ethanol, had deferred availment of Input Tax Credit (hereafter "ITC") for Financial Years 2018-19 and 2019-20 to subsequent periods since the output tax payable by the ....
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....r section 107 of the said Act of 2017. h) The said appeal was also rejected by an order dated June 14, 2024. i) Subsequently, sub-section (5) was inserted in Section 16 of the said Act of 2017 with retrospective effect from July 1, 2017 thereby providing a one-time relief to taxpayers by extending the time for availing ITC for Financial Years 2017-18, 2018-19, 2019-20 and 2020-21. A notification dated October 8, 2024 was also issued by the Central Board of Indirect Taxes and Customs in exercise of the authority under Section 148 of the said Act of 2017 thereby notifying special procedure, for rectification of order, to be followed by registered persons against whom orders under Section 73, Section 74 or Section 107 or Sect....
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....would be entitled to claim ITC in respect of any Financial Year falling between the Financial Year 2017 - 2018 by lodging his claim within November 30, 2021. 6. The Notification dated October 8, 2024 issued by the Central Board of Indirect Taxes and Customs also clarifies and provides the procedure for seeking rectification of any original or appellate order passed against such person on account of wrongful availment of ITC on account of contravention of provisions of Section 16(4) of the said Act of 2017 provided such person is entitled to avail ITC in terms of Section 16(5) or 16(6) of the said Act of 2017. 7. Such being the situation, the Appellate Authority ought to have considered the petitioners' case in the light of the provisi....