Skip to main content

AP HC: Section 16(2) Not Overrides 16(4), Both Sections Serve Different Purposes

AP HC's Order for Thirumalakonda Plywoods

Section 16(2) of the Central Goods and Services Tax (CGST) Act, 2017 does not have an overriding effect on section 16(4) since both sections would be regarded as mutually exclusive and independent in their functioning, the High Court of Andhra Pradesh ruled.

The decision was issued in response to a writ petition that the taxpayer Thirumalakonda Plywoods filed via its single proprietor Kondalaiah Sunduru, who questioned the constitutionality and interaction of these clauses. Thirumalakonda Plywoods, the petitioner assessee, operates a hardware and plywood company in Andhra Pradesh.

The petitioner's objections to the Assistant Commissioner of State Tax order recommending tax, penalty, and interest owing to their late submission of monthly reports and Input Tax Credit (ITC) claims formed the basis of the dispute.

The ITC idea allows purchasers to deduct the tax paid on purchases from the tax owed on sales. It is intended to eliminate the tax cascading impact. Section 16(2) of the Andhra Pradesh Goods and Services Tax (APGST) Act specifies the requirements for ITC eligibility, whereas subsections (3) and (4) levy conditions and limits. Section 16(4) limits ITC claims if returns would not be submitted under the set time.

The applicant, represented via Sri Rama Krishna Kumar Potturi had argued that Section 16(2), which summarizes the eligibility for Input Tax Credit (ITC), must substitute Section 16(4), which levies time limitations for the claims of ITC. As such, if the conditions stipulated in Section 16(2) would be satisfied, the ITC claim period under Section 16(4) should no longer be important.

But the High Court of Andhra Pradesh specified, two sections would vary and must be regarded as separate provisions. 

Section 16(2) and Section 16(4) function for distinct purposes under the framework of the CGST Act, the bench emphasized. 

Section 16(2) is a restrictive provision that shows the eligibility criteria for Input tax credit while section 16(4) levies a restriction of time to claim the ITC, set under the norms of the bench. 

The court stated that the non-obstante provision in Section 16(2) of the CGST Act does not nullify the time restriction specified in Section 16(4) of the CGST Act. The bench stressed that firms must comply with both of these clauses in order to claim ITC under the CGST Act, and it shed light on the complicated interaction of such sections.

The non-obstante clause in Section 16(2) does not overrule Section 16(4) since these laws are not contradictory. The court emphasized that if Section 16(2) was designed to override Section 16(4), the legislative intent would not have necessitated Section 16(4).

The division bench, Justice U. Durga Prasad Rao and Justice T. Mallikarjuna Rao dismissed the writ petition highlighting the interpretation and application of Section 16(2) and Section 16(4) of the CGST Act and therefore resolved the intricacies surrounding these Sections.

Read High Court Order

Comments

Popular posts from this blog

Check Summary of 2023 MCA Amnesty Scheme for LLP e-Forms

The discussion shall take place for "Latest Amnesty Scheme introduced by MCA in relation to Limited Liability Partnership". A General Circular No 08/2023 Dated: 23rd August 2023- Subject- Condonation of Delay in filing of Form-3, Form 4, Form 11 u/s 68 of LLP Act, 2008 is been issued by the MCA.  MCA has acknowledged that they've received numerous complaints regarding technical glitches on their website and discrepancies in the master data. These issues have prevented Limited Liability Partnerships (LLPs) from submitting the LLP-3, LLP-4, and LLP-11. In order to facilitate a more business-friendly environment, the MCA is utilizing its authority under Section 67 of the LLP Act, 2008. They have decided to grant a one-time relaxation in additional fees and any related penalties for delayed filing of the aforementioned three forms, as elaborated in this article. However, one aspect of this initiative raises some confusion. Why hasn't the MCA included Form LLP 8 in this a

All Special Features of Gen I-T Software with Downloading Steps

Gen IT is one of the income tax software created by professionals from SAG Infotech Pvt. Ltd. This software helps to compute Income Tax, Interest Calculations, Advance and Self Assessment Tax. The software is created with high quality-perfection to prepare returns. It also provides e-filing to upload returns with the help of the software. This software is proficient in calculating Income Tax, Advance, Interest Calculations, and Self Assessment Tax. The quality of the software is very high as the returns are prepared by it. The software provides the facility to file and upload returns. Also, there are simple steps to download the free download Gen IT software for the trial version. To complete the processes, the Gen Income Tax returns filing software has 2 different sections which include - Client Manager, Income Tax, Billing, AIR, Calculator, Backup/Restore, Password and Printer Settings, Bulk SMS/E-Mail and Help. These operations are explained briefly below- 1. Client Mana

All About Advance Tax Payment Rule Under IT Act, 1961

A tax expert answers the question- ‘the requirements of advance tax provisions under the Income-tax Act 1961’. Advance tax, as the name itself indicates that the tax paid by individuals in the financial year when the corresponding income is earned, rather than in the assessment year when the income is assessed for taxation purposes. This payment is calculated based on the consolidated income earned and expected to be earned from various sources, such as salary, rent, interest, and more. It takes into account applicable deductions, exemptions, and credits for taxes deducted at source (TDS) or taxes collected at source (TCS). According to section 208 of the Income Tax Act, 1961, individuals whose estimated tax liability for the year amounts to Rs. 10,000 or more are required to pay advance tax. However, senior citizens aged 60 years or above who are residents and do not earn any income from business or profession are exempt from paying advance tax. Typically, advance tax payments are ma