Kundan Care Products Limited, Augmont Enterprises Private Limited, Zaveri And Company Private Limited, Sunanda Polymers, Shri Sai Vishwas Polymers, Khandwala Enterprises Private Limited, Diamond Forever Interenational, Versus Union of India & Anr.
GST
2017 (8) TMI 1142 – DELHI HIGH COURT – 2017 (4) G. S. T. L. 118 (Del.)
DELHI HIGH COURT – HC
Dated:- 25-8-2017
W.P.(C) 7425/2017 & CM APPL. 30649/2017 (Stay), W.P.(C) 7426/2017 & CM APPL. 30650/2017 (Stay), W.P.(C) 7427/2017 & CM APPL. 30651/2017 (Stay), W.P.(C) 7428/2017 & CM APPL. 30652/2017 (Stay), W.P.(C) 7429-7432/2017 & CM APPL. 30653-57/2017 (Stay),
GST
S. MURALIDHAR & PRATHIBA M. SINGH JJ.
Petitioner Through: Mr. Tarun Gulati, Mr. Kishore Kunal, Mr. Prashant Tahi
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ing reversal of 5/6th of the CENVAT Credit which had already accrued to the Petitioner on account of payment of additional duty of customs levied under Section 3(1) of the Customs Tariff Act, 1975 (“Countervailing Duty”/”CVD”) paid at the time of importation of gold dore bar. The said CVD was allowed to be carried forward in full as a transitional measure under Section 140 of the Central Goods and Services Tax Act, 2017 ('CGST Act'). It also provided credit of the entire CVD paid on inputs held in stock and inputs contained in semi-finished or finished goods held in stock on 1st July 2017 on complying with certain conditions. The Petitioners state that they fulfilled all the conditions and the credit of the CVD paid on imported gold dore ba
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these goods as compared to other imported goods as well as compared to any similar domestic goods.
It is submitted out that if the interim orders are not granted then the credit of CVD already availed and utilized for payment of tax on finished goods by the Petitioners would be electronically reversed and they would have to deposit cash. This would be severely prejudicial to them.
4. The Court is of the view that the Petitioners have made out a prima facie case for grant of interim relief in their favour. Further, the balance of convenience is in their favour for grant of interim relief. Accordingly, it is directed that till the next date of hearing, no coercive steps shall be taken by the Respondents to recover the credit
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