Kerala HC Extends ITC Deadline to November 30 In Each Financial Year From Beginning Of GST Regime

 

Another decision from the Hon’ble Kerala High court in a batch of writ petitions, challenging time limitation u/s 16(4) for availing ITC.

In a recent landmark judgment, the Kerala High Court’s ruling in the case of M.Trade Links Vs Union Of India has significantly influenced the procedural aspects of Input Tax Credit (ITC) claims under the Goods and Services Tax (GST) regime in India. The court’s decision has far-reaching implications, particularly in streamlining the process of availing ITC and resolving bona fide claims and errors encountered during the initial rollout of GST.

Crux of the verdict:

The time limit for furnishing the return for the month of September is to be treated as 30th November in each financial year with retrospective effect from 01.07.2017, in respect of the petitioners 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.

The copy of the order is as under:

Kerala HC Extends ITC Deadline to November 30 In Each Financial Year From Beginning Of GST Regime