While allowing part of the claim of Rs. 1,98,219/- the remaining amount of tax of Rs. 1,74,469 paid on 12.08.2017 and claimed as transitional credit has been rejected. Petitioner contends that he does not have any remedy of appeal, therefore, he has to approach this Court.
Section 140 of the CGST Act — Transitional Credit –- The petitioner’s counsel submitted that by order dated 03.07.2020 transitional credit to the tune of Rs. 3,72,688/- was denied as it was alleged that the petitioner had booked input service invoices in his books of account from 31.07.2017 and taken total credit beyond the period of 30 days of the appointed date. Thereafter, the respondent has accepted that TRAN-1 could be filed on 31.07.2017, but rejected part claim as transitional credit. No proceedings under Sections 73/ 74 of the Act, 2017 were either initiated. The counsel for the respondent prayed for and is allowed 4 weeks’ time to file counter affidavit.
Held that:- The Hon’ble High Court directed that matter be listed after 5 weeks.
While allowing part of the claim of Rs. 1,98,219/- the remaining amount of tax of Rs. 1,74,469 paid on 12.08.2017 and claimed as transitional credit has been rejected. Petitioner contends that he does not have any remedy of appeal, therefore, he has to approach this Court.
Section 140 of the CGST Act — Transitional Credit –- The petitioner’s counsel submitted that by order dated 03.07.2020 transitional credit to the tune of Rs. 3,72,688/- was denied as it was alleged that the petitioner had booked input service invoices in his books of account from 31.07.2017 and taken total credit beyond the period of 30 days of the appointed date. Thereafter, the respondent has accepted that TRAN-1 could be filed on 31.07.2017, but rejected part claim as transitional credit. No proceedings under Sections 73/ 74 of the Act, 2017 were either initiated. The counsel for the respondent prayed for and is allowed 4 weeks’ time to file counter affidavit.
Held that:- The Hon’ble High Court directed that matter be listed after 5 weeks.