CIRCULAR

Circular No.

Subject

Circular No. 211/05/2024-GST dt.26.06.2024 Clarification on time limit under Section 16(4) of CGST Act, 2017 in respect of RCM supplies received from unregistered persons.

Circular No. 160/16/2021-GST dt. 20/09/2021 [Para 1(1)] 

Clarification in respect of certain GST related issues

PRESS RELEASE

04.10.2022 Press Release dated 04.10.2022 regarding time limit for certain compliances pursuant to issuance of Notification No. 18/2022-Central Tax dated 28.09.2022
17.09.2021 Decisions taken by the GST Council in its 45th Meeting held on 17.09.2021

CASE LAW

Authority

One liner

2024(08)LCX0190

Madras High Court

Ohm Sakthi Blue Metals

Tax demand due to one-day delay in filing GSTR-3Breturn is quashed as it is justifiable due to the GST Council's retrospective extension of the deadline for filing GSTR-3B returns.

2024(06)LCX0012

Kerala High Court

M Trade Links

Time limit for furnishing the return for the month of September is to be treated as 30th November in each financial year with effect from 01.07.2017, in respect of the assessee who had filed their returns for the month of September on or before 30th November, and their claim for ITC should be processed, if they are otherwise eligible for ITC.
Constitutional validity of Section 16(2)(c) & Section 16(4) is upheld.

 

2024(01)LCX0117

Supreme court of india

Mrityunjay Kumar

Issued notice to the respondents on the prayer for interim relief as well as on the SLP, returnable on 05.02.2024
2023(12)LCX0257

Kerala High Court

Unity Ooh Media Solutions Private Limited

ITC denied due to supplier's GSTR-1 delay; Opportunity should be given to the assessee to prove that claim is bonafide and genuine.

2023(09)LCX0060

Kerala High Court

Henna Medicals Bus Stand Road

ITC cannot be denied merely on the difference of GSTR 2A and 3B.

2023(07)LCX0027

Andhra Pradesh High Court

Thirumalakonda Plywoods

Section 16(2) of APGST/CGST Act, 2017 has no overriding effect on Section 16(4) of the said Act as both are not contradictory with each other. They will operate independently.

2023(09)LCX0005

Patna High Court

Gobinda Construction

Section 16(4) of the CGST Act, 2017 is constitutionally valid and are not violative of Article 19(1)(g) and Article 300 (A)

2023(12)LCX0137

Calcutta High Court

BBA Infrastructure Limited

Provision u/s 16(4) CGST 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