FAHAD PAREED v. STATE TAX OFFICER
KERALA HIGH COURT | DECISION
Analytical Video :
Introduction
The petitioner, Fahad Pareed, challenged an assessment order dated 22.02.2024 whereby the department denied Input Tax Credit (ITC) for the Financial Year 2018-19 by invoking the limitation prescribed under Section 16(4) of the CGST/SGST Acts.
Subsequently, the Finance (No. 2) Act, 2024 inserted Section 16(5) into the CGST Act, providing a one-time relaxation by extending the time limit for availing ITC relating to Financial Years 2017-18 to 2020-21. Relying upon this amendment, the petitioner contended that the denial of ITC was no longer legally sustainable and sought reconsideration of the assessment order.
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