MS CHAMPA DRUGS AND SURGICALS AND ANR

Citation: 2024 taxo.online 1322

The petitioner was aggrieved by the order dated 12.03.2024, demanding Rs.83,90,806/- being the ineligible ITC in terms of Section 73(1) of the Act along with interest u/s 50 and penalty. The petitioner argued that the proceedings are time barred and therefore the extension of limitation in terms of Notification issued under Section 168A of the GST Act, 2017 is contrary to the provisions of law. Also, submitted that the time limit to avail ITC with regard to any invoice or debit note under Section 16(4) of CGST Act, through any GSTR 3B return filed upto 30.11.2021 for the concerned financial year should be deemed to be 30.11.2021.(referred Press Note on recommendation) and submitted that he denial of the benefit of ITC by the order dated 12.03.2024 is contrary to the recommendations of the GST. HELD- High Court ordered no coercive action against the petitioner until next hearing on 22.07.024 and issued notice returnable in 4 weeks.

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