Time Limit To Avail ITC Is Till 30th November In Each Financial Year From Beginning Of GST Regime: Kerala High Court

The Kerala High Court ruled that the time limit to avail Input Tax Credit (ITC) is November 30th of each financial year, retroactively from July 1, 2017. Justice Dinesh Kumar Singh noted that the amendment to extend the deadline from September 30th to November 30th eased initial GST implementation challenges. \r

The Court emphasized that returns filed by November 30th should be considered if the dealer is eligible for ITC. The petitions challenging Sections 16(2)(c) and 16(4) of the CGST Act, which require tax payment proof for ITC claims, were rejected. \r

The decision ensures that the amendment is applied retrospectively, benefiting dealers who filed returns within the new timeframe.