M/s. Ankit Ispat Private Limited Versus The GST Council Represented by its Finance Secretary, The Goods and Service Tax Network (GSTN) , The Commissioner of GST and Central Excise, The Assistant Commissioner of GST & Central Excise, The Government of Puducherry – 2018 (8) TMI 1736 – MADRAS HIGH COURT – TMI – Transitional credit – grievance of the petitioner is that even though they are entitled to claim transitional credit as per Section 140 of the CGST Act, 2017 r/w Section 140 of the TNGST Act, 2017, such input tax credit fails to appear in the electronic credit, despite the fact that the petitioner duly complied with the requirements for transition of credit on input tax.
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Held that:- It is not in dispute that a circular has already been issued on 03.04.2018 by the Central Board of Indirect Taxes, by setting up a Grievance Redressal Mechanism to address certain grievance of the Assesses, which contemplates the appointment of a Nodal Officer to address the problem faced by the t
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rried forward in the return relating to the period ending with the day immediately preceding the date on which the provisions of the new tax regime, the Goods and Service Tax Act, 2017, came into force, as credit on input tax under the new tax regime. 3. Heard both sides. 4. The petitioner-Company is an Assessee under Range-III, Central Excise Division, Kalaikal. The main grievance of the petitioner is that even though they are entitled to claim transitional credit as per Section 140 of the CGST Act, 2017 r/w Section 140 of the TNGST Act, 2017, such input tax credit fails to appear in the electronic credit, despite the fact that the petitioner duly complied with the requirements for transition of credit on input tax, the un-utilized amount in the return relating to the period ending with the day immediately preceding the date on which GST Act, 2017 came into force. It is contended that the petitioner had duly filled declaration electronically in Form GST TRAN-I on 05.09.2017. Therefore
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circular, before the concerned Nodal Officer. 6. Accordingly, this writ petition is disposed of, without expressing any view on the merits of the matter, only with the following directions: (a) The petitioner shall submit their application in accordance with the circular dated 03.04.2018 to the respective Assessing Officer/Jurisdictional Officer/GST Officer, within a period of two weeks from the date of receipt of a copy of this order (b) On receipt of such application, the Assessing Officer/Jurisdictional Officer/GST Officer is directed to forward the application to the respective Nodal Officer within a period of one week. (c) The Nodal Officer in consultation with the GSTN shall take note of the grievances expressed by the petitioner/Assessee and forward the same to the Grievance Committee, which in turn would take an appropriate decision in the matter as expeditiously as possible, in any event, within a period of six weeks thereafter. No costs. – Case laws – Decisions – Judgements
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