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GST UPDATE

Desk of CA. Praveen Sharma 

Series- 467

S.16 (4) can’t be said to be violative of Article 300A of the Constitution of India

1- CALCUTTA HIGH COURT in the case of BBA Infrastructure Limited vs Senior Joint Commissioner of State Tax and Others.

2- The appellant’s case is that they had submitted the returns in GSTR-3B for the period from November, 2018 to March, 209 on 20.10.2019 which is admittedly beyond the due date of submission of the return for the month of September, 2019.

3- The department’s Contention is that the returns having been filed beyond the statutory time limit the appellant becomes ineligible for Input Tax Credit.

4- ITC is a form of concession which is provided by the Act; it cannot be claimed as a matter of right. The provision under Sub Section (4) of Section 16 is one of the conditions which makes a registered person entitled to ITC and by no means Sub Section (4) can be said to be violative of Article 300A of the Constitution of India.

5- There is no ground to grant the relief sought for by the petitioner in the writ petition. Held that:- The Hon’ble High Court dismissed the Appeal and Writ Petition.

Case referred/cited :-

Union of India Versus Bharti Airtel Ltd. 2021 — (SC)

Thirumalakonda Plywoods Versus The Assistant Commissioner- State Tax — (AP)

Gobinda Construction Versus Union of India — (Patna)

R.K. Garg and Others Versus Union of India — SC

TVS Motor Company Limited Versus State of Tamil Nadu — SC

State of Karnataka Versus M.K. Agro Tech Private Limited — SC

The State of Tamil Nadu Versus M.K. Kandaswami — SC

Ald Automotive Pvt. Ltd. Versus The Commercial Tax Officer Now Upgraded As The Assistant Commissioner (CT) — SC

Kailash Chandra Versus Mukundi Lal — SC

Godrej and Boyce Manufacturing Company Private Limited Versus CST — SC

India Agencies Versus CCT — SC

Jayam and Company Versus Assistant Commissioner — SC

Read More:https://www.edatabook.com/c-detail/3888 Check the Draft reply of GST Notice and Appeal format in our EdataBook

Stay tuned and Save my number for any query +91-9871530610.

CA. Praveen Sharma 

https://www.linkedin.com/in/capraveensh

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