PORTAL RELATED UPDATE
| Date | Subject |
| 07.01.2025 | Enabling filing of Application for Rectification as per Notn. 22/2024-CT, dtd. 08/10/24, 2024. |
CIRCULAR
| Notification No. | Subject |
| Circular No. 238/32/2024-GST dt.15.10.2024 | Clarification of various doubts related to Section 128A of the CGST Act, 2017. |
| Circular No. 237/31/2024-GST dt.15.10.2024 | Clarifying the issues regarding implementation of provisions of sub-section (5) and sub-section (6) in section 16 of CGST Act, 2017. |
NOTIFICATION
| Notification No. | Subject |
| Notification No. 22/2024 - Central Tax Dated 08.10.2024 | Special procedure for rectification of order to be followed to avail the benefits of sub-section (5) or sub-section (6) of section 16 of the said Act. |
RELEVANT SECTION OF FINANCE ACT 2024
| Section No. | Subject |
| No refund shall be made of all the tax paid or the input tax credit reversed, which would not have been so paid, or not reversed. |
CASE LAW
|
Authority |
One liner |
|
2025(07)LCX0192 Madras High Court Rajkumar Josphine |
ITC denied on limitation grounds must be reassessed in light of retrospective Section 16(5) of CGST Act. |
|
2025(06)LCX0437 Madras High Court New PSP Traders |
Delayed ITC claims for FY 2018–19 are valid under amended Section 16(5) and must be reconsidered. |
|
2025(06)LCX0404 Madras High Court Tvl Sri Balaji Metal Trading |
Amendments with retrospective effect must be fairly considered in pending rectification applications under GST. |
|
2025(05)LCX0529 Calcutta High Court Adhiraj Distributors Limited |
Adjudication orders must be revisited in light of Section 16(5) CGST Act and CBIC’s rectification procedure notification |
|
2025(03)LCX0012 Calcutta High Court Hiranmoy Dutta |
ITC cannot be disallowed for filing the return in Form GSTR 3B beyond the due date in view of the retrospective amendment to Section 16(5) of the GST Act, whereby the penal effect contained in Section 16(4) pertaining to the FY 2017-18, 2018-19, 2019-20 and 2020-21 has been withdrawn, by extending the cut-off date for filing of returns upto 30th November 2021. |
|
2025(02)LCX0453 Madras High Court Shanker Impexx |
The retrospective amendment to Section 16(5) CGST Act protects belated ITC claims filed before 30.11.2021, rendering prior reversals unsustainable. |
|
2025(02)LCX0342 Madras High Court Nilgiris Silverline Builders Private Limited |
Claim made for ITC which is barred by limitation u/s 16 (4) of the CGST Act, 2017 but, within the period prescribed u/s 16 (5) of the said Act is allowed. |
|
2024(12)LCX0519 Andhra Pradesh High Court Sri Vasavi Agencies |
Compliant taxpayers should not be penalized for delay when reasonable cause exists and merits remain untested. |
|
2024(11)LCX0119 Patna High Court Platinum Ispat Industries Private Limited |
Assessee is entitled to file rectification application within the time stipulated in the circular no.237/31/2024-GST which shall be considered in terms of the newly incorporated provisions under Section 16(5) of the CGST Act |
|
2024(11)LCX0032 Jharkhand High Court Shri Sai Super Market |
Court has directed authorities to allow the assessee ITC for FY 2019-20 reversing the initial disallowance due to delayed GSTR-3B filing and to refund levied interest and penalty with 6% p.a. interest citing Section 16(5) of the CGST Act 2017 inserted by the Finance (No.2) Act 2024. |