Jayam & Co. vs Assistant Commissioner on 5 August, 2016
followed the dictum of the Supreme Court in Jayam & Co. v. Assistant
Commissioner (supra) and reiterated that the input tax credit could not be denied
on the basis of an amendment, which is prospective. The question dealt with by the
High Court was whether Section 140A(3)(iv) of the CGST Act, which declined the
Cenvat credit in relation to goods purchased prior to one year from the appointed
date, could be given retrospective effect. In answering the question in the negative,
the Gujarat High Court held as under :