Last date of availing transitional
Case Title | M/s Proventus Life Science Pvt. Ltd. Vs The Commissioner of Central Excise Joint Commissioner State GST |
Court | Madras High Court |
Honorable Judges | Justice Anita Sumanth |
Citation | 2022 (7) GSTPanacea 180 HC Madras W.P.A. 7423 of 2019 and 8093 of 2019. |
Judgement Date | 28-July-2022 |
Council for Petitioner | Adithya Reddy |
Council for UOI | |
Council for State | V. Sundareswaran C. Harsha Raj |
The Madras High Court bench of Justice Anita Sumanth has held that If required GST council shall issue appropriate guidelines in scrutinizing the claims of credit applications
Last date of availing transitional
FACTS OF THE CASE
The petitioner is being denied by the respondent for availing the credit of tax paid in earlier regime in respect of eligible duties on input held as stock in trade though TRAN-1 in term of section 140(3) of CGST Act,2017.
Last date of availing transitional
COURT HELD
Considering the facts as recorded, in the similar case by Hon’able Supreme Court in case Union of India and ors Vs Filco Trade Centre Pvt. Ltd. 32700 of 2018 dated 22nd July 22. Where it was ordered that GSTN shall open the common portal for filing the concerned forms for availing transitional credit through TRAN form for two months w.e.f 1st Sep 2022 to 31st Oct 2022 and any aggrieved assessee is directed to file the same forms in such matter. GSTN shall also ensure that there shall be no technical glitches and concerned officer shall be given 90 days to verify the claim on merits and after proper opportunity of being heard to taxpayer.
Last date of availing transitional
ANALYSIS OF THE JUDGEMENT
The benefit which is bonafied in terms of respected law to tax payer cannot be denied on mere expiry of provided date of availing, the authority shall have to first adhere the business going concernedly parallel with revenue interest of government, there shall not be halting of business in the light of protecting the interest of revenue.
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M/s Proventus Life Science Pvt. Ltd.
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