INDUSIND MEDIA COMMUNICATIONS LTD. & ANOTHER & ANR. Versus UNION OF INDIA & ORS.
GST
2018 (10) TMI 999 – DELHI HIGH COURT – 2018 (19) G. S. T. L. 643 (Del.)
DELHI HIGH COURT – HC
Dated:- 16-10-2018
W. P. (C) 8691/2018, CM Nos. 38569/2018 & 43568/2018
GST
MR. S. RAVINDRA BHAT AND MR. A. K. CHAWLA JJ.
Petitioners Through: Mr. Monish Panda and Mr. Mrinal Bharat Ram, Advs.
Respondents Through: Mr. Gautam Narayan, ASC, GNCTD with Ms. Urvi Mohan and Mr. Shivan Vij, Advs. Mr. Amit Bansal, Sr. Standing Counsel with Mr. Rishab Gulati, Adv.
ORDER
We have heard counsel for the parties.
In the previous order, this court had noticed the petitioners' basic grievance with respect to its credits not being reflected in its
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document invoice
ITC Central Tax transferred
No.
Date
1.
AABCG2219B5D002
062017
24/08/2017
37,33,83,587 .00
37AABCG219B226
001
24/08/2017
900000
2.
AABCG2219B5D002
062017
24/08/2017
37,33,83,587 .00
18AABCG221981Z7
002
24/08/2017
2000000
3.
AABCG2219B5D002
062017
24/08/2017
37,33,83,587 .00
07AABCG2219B1ZA
12
24/08/2017
745000.00
4.
AABCG2219B5D002
062017
24/08/2017
37,33,83,587 .00
24AABCG2219B2ZD
11
24/08/2017
52100000
5.
AABCG2219B5D002
062017
24/08/2017
37,33,83,587 .00
29AABCG2219B2Z3
10
24/08/2017
21800000
6.
AABCG2219B5D002
062017
24/08/2017
37,33,83,587 .00
09AABCG2219B1Z6
009
24/08/2017
3133427
7.
AABCG2219B5
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sal Forum of the GST Council which has noted in its minutes of meeting dated 21.08.2018 that the petitioners have a grievance which needs to be addressed.
It is highlighted that the reflection of Tran-I credit in GSTR-3 is essential as it would ultimately impact the availability of credit for the entire duration – both transitional credit and input credit for the period 01.07.2017 onwards. Learned counsel submits that unless appropriate directions are given to the respondents, it is likely to face severe adverse financial crisis because in the absence of credit, it would have to pay cash throughout the country to the tune of Rs. 37 crores.
The GSTR-3B form – in the relevant table dealing with eligible ITC, talks of total ITC available; IT
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