[BREAKING] Section 16(4) GST ITC Availment Time Limit is November, Applies Retrospectively from Inception of GST: Kerala HC [Read Order]

The Kerala High Court ruled that Input Tax Credit (ITC) under Section 16(4) of the GST Act can be availed until November 30th each financial year, effective from July 1st, 2017. Petitioners argued that the provision is procedural and should not impede the substantive right of ITC. They challenged its constitutionality, claiming it violated Articles 14 and 19(1)(g). \r

The court rejected this contention, stating the provision is valid. However, it allowed petitioners to claim benefits under Circulars issued by the government within a month. The court clarified that the extension of the return filing deadline to November 30th, from September 30th, is procedural and retrospective, aiding taxpayers during initial GST implementation challenges.\r

It directed authorities to process ITC claims for returns filed before November 30th, 2017.