The ruling in brief
Where assessee filed rectification application for ITC after prescribed cut-off as per departmental circulars but statute provided no time limit, executive circulars imposing six-month cap could not override substantive right under Section 16(5), and rejection for delay was unsustainable so rectification application was to be reconsidered on merits unless delay was found exceptional
Provisions considered
Section 39, read with Sections 16 and 168, of Central Goods and Services Tax Act, 2017/West Bengal Goods and Services Tax Act, 2017 - Article 226 of Constitution of India, 1950
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.