Digests of AP HC Judgment - Constitutional Validity of Time Period for availing GST Credit

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11 ай бұрын

Digests of AP HC Judgment - Constitutional Validity of Time Period for availing GST Credit || Adv (CA) Bimal Jain
The Hon’ble Andhra Pradesh High Court in Thirumalakonda Plywoods v. The Assistant Commissioner [W.P.No.24235 of 2022 dated July 18, 2023]
📌 Constitutionality of time limit for claiming ITC under section 16(4) of the CGST Act is not ultra virus
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Пікірлер: 21

@akshatagarwal887 11 ай бұрын

What a crisp and clear presentation of judgement. Hatts off to you sir

@tausifkazi2666 11 ай бұрын

Superb sir, Worth to watch it

@damodarkhandelwal2286 11 ай бұрын

Very nice guidance it's a very important judgement most of the dealer will loose their ITC on delayed filing returns. Government should take a note and come with Amenisty regarding this. Thank you very much sir.

@mainaksinha6071 11 ай бұрын

Thanks sir ji

@msjaydeepmitra2023 11 ай бұрын

Sir I have gone through the text writing of the case in question, but I properly understood from you. With due respect J MITRA Professional Tax Accountant

@rohittripathi3947 11 ай бұрын

👍👍

@umakantadash5873 7 ай бұрын

🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻

@navneetrathi1 11 ай бұрын

Excellent interpretation.....Great ..is it challengeable in Supreme Court or due date should be extended retrospectively by Govt being genuine hardship n having double taxation....No revenue loss but affecting business shall be finished at such harsh conditions then other side we give revival relief..it must be represented at your rapports before proper authority.especially for covid periods upto sept 2021

@anuchar9385 11 ай бұрын

True sir ....but the period in question ie 20...21 was a pandemic yr Already many last dates like other months 3b ,thay yr 9 etc were all extended Infafact post 2020 Oct return dt also is changed So these situational n procedural issues should b highlighted n considered for this particular period for satisfying 16(4)

@adityaagrawal4918 11 ай бұрын

NOW A DAYS ,, HC ARE GIVING UNCONSCIOUS DECISIONS WITHOUT HAVING SENSE AND ALSO IGNORING THE REAL FACTS AND GRAVITY OF THE CASE...

@nitinmaheshwari8128 9 ай бұрын

Namaskar sir, we need guidence, help and need to file apple regarding 16(4) demand order , how to contact you.

@pardhasaradhinnv7467 11 ай бұрын

Sir, Section 39(1) prescribes the tax payer has to submit the monthly return. Section 39(7) states the payment of tax. Both are different events. But, the GSTIN does not allow the tax payer to furnish the return and pay the tax at a later date with interest due to non-availability of liquidity. If the GSTIN allows as different activities many tax payers would have filed the return within due date for availing the credit and pay the tax with interest If the argument is made in this context the judgement might come in a different way. Section 16(4) also prescribes furnishing of return but not payment of tax. Please analyse this aspect and make a video on this point also sir.

@user-iq1vy9bi6x 11 ай бұрын

Bimal Ji Greetings Good presentation much clear One doubt, the characters of ITC is always exist. If you would like to file 3B if the dealer satisfy all the conditions the the time limit to complete the assessment only has to apply. Sec 16(4) is violative of article 300A let we see in higher courts. CA Nataraj TN

@nirajjain193 11 ай бұрын

Sir then what's the point of saying GST is a Value added Tax when it is being restricted for the procedural aspect instead of substantive aspects??

@sarveshaiahmallikarjunaiah3476 11 ай бұрын

HOW TO CONTACT YOUR OFFICE FOR THIS ISSUE FOR SOLVING THIS ISSUE

@cacvsuryam3820 11 ай бұрын

The return in which availed must be considered for that tax period but not date of filing. But unfortunate judgement. Now, assuming utilized, how interest is computed I.e., for the period from the date of filing of belated return or from the month for which return was filed? As per this judgement, period should commence from date of filing but not the period for which return is filed.

@debashissen3415 11 ай бұрын

Sir pls do something in SC in the matter of 16(4) specially in 17-18 as many cases where due to lack of knowledge of accountant doesn't even take credit in 3B till now though all the purchase are genuine & pymt made through banking channel.....various writ have been filled in different HC in India....but not even released any judgement except these judgememt

@sarveshaiahmallikarjunaiah3476 11 ай бұрын

SIR IN ONE CASE GST-R1 AND GSTR3B FOR THE MONTH OF JAN AND FEB 2021 BY OVERSIGHT/ MISTAKE THERE BY HE HAS NOT AWAILED THE ITC FOR JAN AND FEB 2021 . HE IS A HONEST AND REGULAR TAX PAYER. PLEASE HELP US IN THIS ISSUE AND SERVICES ARE REQUIRED PLEASE RESPOND

@navneetrathi1 11 ай бұрын