Petition Seeking Interpretation of S. 16(4) of GST Act Related to Press Release Issued by CGST Dept: Gauhati HC Directs Dept to file Counter Petition\r\n\r\n

The Gauhati High Court has ordered the Central Goods and Service Tax (GST) department to submit a counter-petition in response to a writ petition seeking clarification on Section 16(4) of the CGST Act, 2017, as per a press release. Manoj Konwar and Horizon Entrade Private Limited filed the petition, seeking interpretation of Section 16(4), which places a time limit on claiming Input Tax Credit (ITC) for supplies. \r

The GST department was given time until the second week of June, 2024, to file a counter but failed to do so. The department argued that the Supreme Court is considering the validity of Section 16(4), but the High Court noted that the petitioners are only seeking interpretation in light of the press release, not challenging the section's validity. The division bench of Chief Justice Vijay Bishnoi and Justice Kardak Etethat emphasized the need for the GST department to respond. Mr. S.C. Keyal, the Standing Counsel for GST, was granted a final opportunity to file the counter-petition, and the matter is set for hearing on July 22, 2024.