Home GST Validity of Section 16(2)(c) of GST constitutionally challenged

Validity of Section 16(2)(c) of GST constitutionally challenged

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Validity of Section 16(2)(c) of GST constitutionally challenged

Denial of ITC for Non-Fee of Tax by Provider: Validity of Part 16(2)(c) of GST constitutionally challenged

Orissa Excessive Court docket within the matter of M/s. OSL Securities Restricted V/S Union of India has put a keep on demand issued invoking provisions of Part 73 of the OGST/CGST Act on the bottom that, the petitioner has claimed Enter Tax Credit score (ITC) and his provider has not proven the transaction in its Kind-GSTR-3B.

M/s. OSL Securities Restricted by means of submitting the writ petition has challenged the vires of Clause (c) of Sub-section (2) of Part 16 of the Odisha Items and Companies Tax Act, 2017 (in brief, “the OGST Act”)/ Central Items and Companies Tax Act, 2017 (in brief, “the CGST Act”) which offers for a registered individual is entitled to credit score of enter tax, if the tax charged in respect of provide has been paid to the Authorities, both in money or by means of utilization of enter tax credit score admissible in respect of the stated provide.

The petitioner, due to this fact, challenged the order dated 27.12.2023 handed by Assistant Commissioner of State Tax, Cuttack-1, Central Circle underneath Part 73 of the CGST/OGST Act elevating a requirement to the tune of Rs. 11,56,818.00, comprising tax of Rs. 5,45,204/-, curiosity of Rs. 5,57,094.00 and penalty of Rs. 54,520.00 with respect to tax durations July, 2017 to March, 2018.

As an interim measure, the courtroom directed that the petitioner shall deposit 20% of the tax as decided vide evaluation order dated 17.12.2023 handed underneath Part 73 of the OGST/CGST Act inside a interval of 4 weeks from as we speak. Within the occasion of such deposit, no coercive motion shall be taken towards the petitioner until disposal of the writ petition.

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