Court: HIGH COURT OF CALCUTTA
Citation: W.P.A. NO. 15304 OF 2024
Parties: Cart Infralog Ltd. v. Assistant Commissioner of CGST & CX
Facts: The assessee, Cart Infralog Ltd., filed GSTR-3B returns late for the period December 2018 to March 2019, missing the deadline of 20th October 2019 and filing on 31st October 2019. An adjudication order u/s 73(9) of the CGST Act declared the ITC claimed by the assessee as reversible due to the late filing. The Finance Bill 2024 introduced an amendment to Section 16(4), allowing ITC for returns filed by 30th November 2021 for FYs 2017-18 to 2020-21, and the assessee sought protection based on this proposed change.
Decision: The court granted interim protection to the assessee, restraining the tax authorities from taking coercive action regarding the adjudication order. The assessee was directed to deposit Rs. 25 lakhs with the Registrar General within three weeks as a security measure. The court extended the interim protection until the end of September 2024 or further orders, contingent on compliance with the deposit order.