2018 (10) TMI 999 – DELHI HIGH COURT – 2018 (19) G. S. T. L. 643 (Del.) – Transitional Credit/input tax credit – migration to GST Regime – difficulty in reflection of Tran-I credit in GSTR-3 – Held that:- 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 ₹ 37 crores.
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As the deadline for completing this form and availing the credit is 20.10.2018, the respondents are hereby directed to permit the petitioners to fill the GSTR-3 form manually in a manner, as to permit it to claim a credit, subject to the final outcome of the proceedings – It is clarified t
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of its Delhi office/unit, the input credit of ₹ 7.54 crores was available as on 27.12.2017. The said chart is as follows : Sl.No. Registration No. under existing law (Centralized) Tax period to which the last return filed under the existing law pertains Date of filing of the return Balance eligible CENVAT credit carried forward in the said last return GSTIN of receivers (same PAN) of ITC of Central Tax Distribution 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 09A
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ly 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 ₹ 37 crores. The GSTR-3B form – in the relevant table dealing with eligible ITC, talks of total ITC available; ITC reversed and the net ITC available. As the deadline for completing this form and availing the credit is 20.10.2018, the respondents are hereby directed to permit the petitioners to fill the GSTR-3 form manually in a manner, as to permit it to claim a credit, subject to the final outcome of the proceedings. It is clarified that in the GSTR-3B form, the petitioner can claim transitional as well as the post 01.07.2017 input tax credit. List on 23.01.2019. Dasti under signatures of the Court Master
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