Time Limit to avail GST Credit u/s 16(4) of the CGST Act Challenged in SC : Notice Issued to the Revenue Department




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Time Limit to avail GST Credit u/s 16(4) of the CGST Act Challenged in SC : Notice Issued to the Revenue Department

 

Recently, Hon’ble Supreme Court of India in the SLP filed in the case of Shanti Motors v. Union of India & Ors. [SLP(C) Dy. No.4695/2024 dated February 09, 2024], wherein the constitutional validity of Section 16(4) of the Central Goods and Services Tax Act, 2017 (“the CGST Act”) is challenged, which imposes a time limit for availing of Input Tax Credit (“ITC”), as being violative of Articles 14, 19(1)(g) and 300A of the Constitution of India.

It may be note that the Hon’ble Supreme Court has rightfully admitted the SLPs and issued Notices to the Respondents, along with interim reliefs.

Next day of the 𝗵𝗲𝗮𝗿𝗶𝗻𝗴 𝗶𝘀 now fixed on 𝗙𝗲𝗯𝗿𝘂𝗮𝗿𝘆 𝟭𝟵, 𝟮𝟬𝟮𝟰. Hope something positive turns out soon

 

The copy of the order is as under:

 

4474_2024_12_12_50260_Order_09-Feb-2024




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