2026 (3) TMI 898

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....tory pre-deposit made under Section 107(6) of the Central Goods and Services Tax Act, 2017 (for short 'CGST Act'). 2. The case made out by the petitioner is that the form GSTR-3B for the month of March-2019 came to be filed online by the petitioner though belatedly on 28.10.2019. It is stated that respondent No.1 has issued show-cause notice, proposing to demand Input Tax Credit (ITC) amounting to Rs. 27,21,200/- which allegedly had been availed in contravention of the provision of Section 16(4) of the CGST Act. 3. It is the contention of the petitioner that the Assessing Authority had declined to permit the petitioner to claim ITC on the ground that it was belated in light of Section 16(4) of the CGST Act. It is submitted that by vir....

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....ertinent to note that the Central Board of Indirect Taxes and Customs vide Circular No. 237/31/2024-GST dated 15.10.2024, issued to all Principal Chief Commissioners/Chief Commissioners/ principal Commissioners/ Commissioners of Central Tax (All) and Principal Director General/Directors General (All) has clarified the issues regarding implementation of provisions of sub-section (5) and sub-section (6) in section 16 of CGST Act, 2017. The Circular clarifies that sub-section (5) of Section 16 has been inserted retrospectively with effect from 01.07.2017 vide Finance (No. 2) Act, 2024, thereby overriding the earlier time restriction prescribed under sub-section (4) of Section 16 in respect of the financial years 2017-18, 2018-19, 2019-20 and 2....