The Hon’ble High Court of Allahabad observed that there was no necessity under either the GST Act or the Rules to furnish evidence of attempt(s) to submit Form GST TRAN-1 or TRAN-2. Rather, this was done vide a Circular. Consequently, such action is arbitrary and unenforceable.
Supreme Court declined to interfere with High Court’s Order, in favour of assessee unable to file TRAN1 due to technical glitch. However, it kept questions of law open.
Issue: Whether transitional credit can be availed by the assessee, wherein the assessee failed to furnish Form GST TRAN-1 within the time prescribed under the GST law? Background: The Hon’ble High Court of Delhi had ruled in favour of the assessee vide its Order dated May 05, 2020. For a gist of the Hon’ble High […]
Issue: Is imposition of time limit to avail credit under Section 140(3) of CGST Act harsh/unjust? Isn’t such a condition also arbitrary and discriminatory? Background: Assessee (who was a First Stage Dealer/”FSD” under the erstwhile Central Excise Law) could pass on the credit of excise duty paid on their purchases to the customers, who could utilize […]
With effect from July 01, 2010, Clean Energy Cess (renamed subsequently as Clean Environment Cess / “CEC”) was levied as a “duty of excise” on removal of raw coal, lignite and peat from the coal mine [vide Section 83(3) of the Finance Act, 2010]. This levy was primarily intended for financing and promoting clean energy initiatives […]