Case Details: Aamutham Enterprises Versus Superintendent of Central GST and Central Excise (2025) 27 Centax 104 (Mad.)
Judiciary and Counsel Details
- K. Kumaresh Babu, J.
- Shri N. Sudalai Muthu, for the Petitioner.
- Shri R. Suresh Kumar, Additional Government Pleader for the Respondent.
Facts of the Case
The petitioner, a registered assessee under the Central Goods and Services Tax Act, challenged an assessment order that disallowed the availment of Input Tax Credit (ITC) on the ground that the claim was filed beyond the prescribed due date. The petitioner contended that the order was unlawful and without jurisdiction, as it failed to consider the retrospective amendment to Section 16 of the CGST Act, which took effect from 01-07-2017. It was argued that, in light of this amendment, ITC could not be denied solely on the basis of the due date. Consequently, a writ petition was filed before the Hon’ble High Court, seeking the quashing of the impugned order.
High Court Held
The Hon’ble High Court ruled that the retrospective amendment to Section 16 of the CGST Act, effective from 01-07-2017, must be fully implemented, and ITC claims could not be disallowed merely due to the prescribed due date. The court observed that similar matters had been previously adjudicated in favour of the assessee and found that the denial of ITC in this case lacked legal justification. Accordingly, the impugned order was set aside, and the matter was remitted to the assessing officer for fresh adjudication in accordance with the amended provision. The writ petition was allowed, with no order as to costs.
List of Cases Cited
- W.P.(MD) Nos. 25081 of 2024, dated 17-10-2024 and WP(MD) No.31980 of 2024, dated 6-7-2024, — Followed
