
GST | Circular Does Not Override Statutory Provisions: Allahabad High Court Quashes Demand Of Rs. 235 Crores Against Vivo Mobile
Live LawThe Allahabad High Court has quashed demand of Rs. If the law were to be read otherwise, i.e., that the ITC claim may never arise unless the tax is first paid then, the second proviso to section 16 itself would be rendered otiose.” Further, placing reliance on Union of India v. Bharti Airtel Ltd. and Others, wherein the Supreme Court held that GSTR-2A is merely a facilitator and on the decision of the Calcutta High Court in Suncraft Energy Private Limited and Anr. Looking at the definition of the word ‘cumulative’ appearing in Rule 36, the Court observed that the condition contained in sub-Rule 4 of Rule 36 that eligible ITC would not exceed 10% of the eligible credit as per Tax Invoice or Debit Note etc., filed on GSTR-1 would have to be seen cumulatively i.e., with all additions made, taken together from February 2020 to August 2020, as provided by the proviso. “The only purpose for which the proviso to the Rule appears to have been incorporated is to grant benefit of ITC late accrued, to transactions completed in the past, by treating the entire period during which transactions may have been completed to be one i.e., beginning 01.02.2020 and ending 31.08.2020 against which all ITC that may have stood accumulated as on the date of filing of return for the period September 2020.” The Court held that the first proviso to Rule 36 of the CGST Rules was introduced at the time of COVID-19 pandemic to treat the specific period from February 2020 to August 2020 as one for cumulative adjustment of ITC. Accordingly, for the tax period September 2020, the petitioner and all registered persons were permitted to file their monthly return on Form GSTR-3B, with cumulative adjustment of ITC for the disputed period February 2020 to August 2020, by preserving to them the benefit arising under Rule 36 on the increased figure of eligible ITC, as it stood at the time of filing of return for the month of September 2020, on a cumulative basis.
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