GST Update

???? Desk of CA. Praveen Sharma – 980 Series (CAPS) ????

GAUHATI HIGH COURT IN THE CASE OF Saurabh Agarwalla

 The petitioner challenged a demand raised through a show cause notice alleging wrongful availment of input tax credit beyond the prescribed time limit for FY 2018-19.

The department confirmed demand along with interest and penalty through an adjudication order.

The petitioner argued that subsequent amendments extended the time limit for availing ITC for earlier financial years up to 30th November 2021.

The Court observed that due to this amendment, the petitioner became eligible to claim ITC for the relevant period.

Accordingly, the main dispute no longer survived.

The department submitted that only a small excess credit and interest amount remained payable.

The petitioner agreed to pay such amount.

The Court directed payment of the agreed amount within 30 days and set aside the earlier order.

The petition was disposed of in these terms.

LINK:CA. Praveen Sharma on Linkedin

Regards
CAPS