The appellant was not in possession of prescribed documents evidencing payment of duty under the existing law for availing input tax credit of Rs. 90,639/-, as required under Section 140(3)(iii) of the Act. Hence, there is no reason to interfere with the impugned order. Accordingly, the same is sustained and the appeal filed by the appellant is rejected.
Section 140 of the CGST Act, 2017 — Transitional Credit — The appellant filed TRAN-1 and availed ITC of Rs. 9,41,909/- in respect of the various inputs lying in their stock on 30-6-2017. The department observed that the supplier was not in possession of invoices or other documents evidencing payment of duty amounting to Rs. 90,639/-. Accordingly, a SCN dated 3-7-2018 was issued for Rs. 90,639/- and this was culminated into the impugned order vide which ITC amounting to Rs. 90,639/- was disallowed and ordered to be recovered with interest. Being aggrieved with the impugned order, the appellant has filed this appeal. The authority observed that the appellant was not in possession of prescribed documents evidencing payment of duty under the existing law.
Held that:- The Hon’ble authority rejected the appeal.
The appellant was not in possession of prescribed documents evidencing payment of duty under the existing law for availing input tax credit of Rs. 90,639/-, as required under Section 140(3)(iii) of the Act. Hence, there is no reason to interfere with the impugned order. Accordingly, the same is sustained and the appeal filed by the appellant is rejected.
Section 140 of the CGST Act, 2017 — Transitional Credit — The appellant filed TRAN-1 and availed ITC of Rs. 9,41,909/- in respect of the various inputs lying in their stock on 30-6-2017. The department observed that the supplier was not in possession of invoices or other documents evidencing payment of duty amounting to Rs. 90,639/-. Accordingly, a SCN dated 3-7-2018 was issued for Rs. 90,639/- and this was culminated into the impugned order vide which ITC amounting to Rs. 90,639/- was disallowed and ordered to be recovered with interest. Being aggrieved with the impugned order, the appellant has filed this appeal. The authority observed that the appellant was not in possession of prescribed documents evidencing payment of duty under the existing law.
Held that:- The Hon’ble authority rejected the appeal.