M/s. Kheriwal Enterprises Versus Union of India and others

2018 (11) TMI 1566 – JHARKHAND HIGH COURT – TMI – Acceptance of FORM GST TRAN-1 and TRAN-2 of the petitioner (hard copy) – Input Tax Credit/CENVAT credit – period running from 1st April, 2017 to 30th June, 2017 – pre Goods and Service Tax (GST) regime – Held that:- The GST portal of the Central Government was not accessed by the petitioner for varieties of reasons, as stated in Annexures-5, 6, 7 and 8 of this writ petition. Time and again, there is correspondence to that effect.

The respondents are directed to accept the hard copies of the FORM GST TRAN-1 and TRAN-2 and to scrutinize the same on or before the next date of hearing. – W.P. (T) No. 3028 of 2018 Dated:- 20-8-2018 – MR. D.N. PATEL AND MR. AMITAV K. GUPTA JJ. For the Peti

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hat Section 140 of the JGST Act, 2017, which is pertaining to transitional arrangements for Input Tax credit to be read with Rule 117 of the JGST Rules, 2017 provides that within 90 days application should be preferred for receiving credit of the Input Tax/CENVAT. 3. Thus, from 1st July, 2017 onwards within 90 days such application should have been preferred by the petitioner, but, this date has been extended up to 27th December, 2017, thereafter, up to 31st May, 2018 for TRAN-1 and filing date has been extended up to 30th June, 2018 for TRAN-2. 4. Looking to the facts, it appears that the GST portal of the Central Government was not accessed by the petitioner for varieties of reasons, as stated in Annexures-5, 6, 7 and 8 of this writ petit

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