📢 HC: Considering proposed Finance-Bill amendment, issues interim-order w.r.t ITC-reversal for late GSTR-3B filing
Cart Infralog Limited & Anr. Vs The Assistant Commissioner of CGST WPA 15304 of 2024

Facts of the Case
▪️The assessee filed its GSTR-3B return under Section 39 on October 31, 2019, instead of the due date of October 20, 2019, for the financial year 2018-19.
▪️The Revenue reversed the Input Tax Credit (ITC) under Section 73 of the CGST Act due to the late filing.
▪️The Finance Bill No. 02 of 2024 proposes an amendment to Section 16, which benefits taxpayers who filed their returns by November 30, 2021, for invoices or debit notes from FYs 2017-18 to 2020-21.

Court Judgement
▪️ Interim Order: The Calcutta High Court issued an interim order in favor of the assessee, considering the proposed amendment in the Finance Bill.

Key Points:
▪️ Consideration of Finance Bill: The Court took into account the proposed amendment, which could benefit the assessee, and noted that the Finance Bill addresses a significant part of the determination made under Section 73.
▪️ Interim Protection: The Court opined that the assessee is entitled to interim protection to avoid multiplicity of judicial proceedings.
▪️ Deposit Requirement: The Court directed the assessee to make a deposit with the Registrar General as a condition for granting interim relief.
▪️ Coercive Action Stayed: The Court issued an unconditional order restraining the Revenue from taking any coercive action.