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The Petitioner has challenged the constitutional validity of Section 17(5)(d) of the CGST Act to the extent that it denies the benefit of ITC to the petitioner as well as it provides a time bar restriction for the availment of ITC. The Petitioner has submitted that it has not availed ITC during the pendency of the writ petition and prayed that in the event the writ Petitioner succeeds, then it may be allowed to avail the benefits.
The Calcutta HC has requested the Additional Solicitor General of India and the Additional Advocate General of State of West Bengal to file their affidavits in this matter. The HC has further listed the matter to be heard in January 2021.
Instakart Services Private Limited vs. Union of India [W.P.A. 8205 of 2020]
The information provided in this update is intended for informational purposes only and does not constitute legal opinion or advice. Readers are requested to seek formal legal advice prior to acting upon any of the information provided herein. This update is not intended to address the circumstances of any particular individual or corporate body. There can be no assurance that the judicial/ quasi judicial authorities may not take a position contrary to the views mentioned hereinrra quis.
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