2026 (4) TMI 1729

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....e respondents to reconsider the matter. 2. The petitioner submits that the Adjudicating Authority has declined the claim of Input Tax Credit (ITC) as being ineligible in contravention of Section 16(4) of the Central Goods and Services Tax Act, 2017 (for short 'CGST Act'). 3. Learned counsel for the petitioner submits that the Order-in-Original is passed on 26.08.2024, wherein the claim of ITC has been made belatedly. However, it is pointed out that subsequently by virtue of insertion of sub-clause (5) to Section 16, which has come into effect from 16.08.2024 and the said provision operates with a non obstante clause, the petitioner would be entitled for claim of ITC as long as the returns are filed before 30.11.2021. 4. It is to be....

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....e 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. (5) Notwithstanding anything contained in subsection (4), in respect of an invoice or debit note for supply of goods or services or both pertaining to the Financial Years 2017-18, 2018-19, 2019- 20 and 2020-21, the registered person shall be entitled to take input tax credit in any return under section 39 which is filed upto the thirtieth day of November, 2021." 5. It is pertinent to note that the Central Board of Indirect Taxes and Customs vide Circular No. 237/31/2024-GST dated 15.10.2024, issued ....

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....Act, 2017 (hereinafter referred to as the "CGST Act") inserted in section 16 of the CGST Act, with effect from the 1st day of July, 2017, vide section 118 of the Finance (No. 2) Act, 2024, whereby the time limit to avail input tax credit under provisions of sub-section (4) of section 16 of CGST Act has been retrospectively extended in certain specified cases." 6. It must be noticed that Section 16(5) was inserted by way of an amendment by Finance Act (No.2), 2024. The said clause is a non-obstante clause, as it states, "notwithstanding anything contained in sub-section (4)". If that were to be so, in light of the petitioner having claimed ITC with respect to the financial year 2018-19, by virtue of Section 16(5), petitioner's entit....