High Court of Kerala
Sachu Sony v. Superintendent, Central Gst & Central Excise
For assessee
WP(C) NO. 19247 OF 2026
High Court of Kerala
WP(C) NO. 19247 OF 2026
Where a dealer received a composite notice and order-in-original for multiple years under CGST/KGST, such composite proceedings were unsustainable as per settled law, so the impugned order, notice, and summary were quashed and authorities allowed to issue fresh year-wise notices, with benefit of Section 16(5) if returns filed by 30.11.2021 and limitation period suitably adjusted.
Where petitioner was denied ITC for certain months on limitation grounds though returns were furnished by 30.11.2021 and Section 16(5) benefit was claimed, order and related notices were quashed and respondents were to reconsider eligibility for ITC for each year, granting Section 16(5) benefit if timely filing is verified, excluding specified period for limitation computation
Section 75 of Central Goods and Services Tax Act, 2017/Kerala Goods and Services Tax Act, 2017; Section 16, read with section 168A, of Central Goods and Services Tax Act, 2017/Kerala Goods and Services Tax Act, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.
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