Calcutta HC says Section 16(5) Retrospectively Regularises Delayed GST Returns

The taxpayer's ITC for FY 2018-19 had been denied because the GSTR-3B returns were filed beyond the original statutory timeline. Section 16(5), inserted retrospectively from 1 July 2017, regularises ITC for FY 2017-18 to 2020-21 where the relevant return is filed by 30 November 2021. The High Court therefore quashed the ₹1.18 crore order and directed fresh adjudication after verifying the filing dates.