Order Date – 20 November 2024

Parties: M/s Platinum Ispat Industries Pvt. Ltd. Vs The Union of India, The Commissioner of Central Tax, Bihar and The Assistant Commissioner, CGST and Central Excise

Facts –

• The Petitioner, M/s Platinum Ispat Industries Pvt. Ltd., was served with a demand-cum-show cause notice denying input tax claim for the months of January to March of the assessment year 2018-19. The petitioner filed returns on 04.02.2020, 05.02.2020 and 10.02.2020 respectively for these months.

Issue –

• Whether input tax claim for the months of January to March of the assessment year 2018-19 is proper?

Order –

• The Divisional Bench of Hon’ble High Court observed that by virtue of the sub-section(5) of Section 16 of the CGST Act and Clause 3.5 and 3.5.1 of Circular No. 237/31/2024-GST dated 15th October, 2024 the petitioner would be entitled to file a rectification application for consideration of the claim of input tax credit made in the return filed; if it has been so made in the returns filed as indicated from the demand-cum-show cause notice.
• The petitioner would be entitled to file such rectification application within the time stipulated in the circular, which shall be considered in terms of the newly incorporated provisions under Section 16(5) of the CGST Act and the Circular of the Central Government.
• The writ petition stands disposed of.