NELCO Ltd. Vs Union of India
- Court:
- High Court
- Bench:
- Bombay
- Date:
- March 20, 2020
- Type:
- Writ Petition
- Members:
- NITIN JAMDAR and M.S. KARNIK
Subject
Availment of ITC u/s 140(1) is a concession attached with conditions of its exercise within the time limit
Summary
The time limit stipulated under Rule 117 of the Rules is not ultra vires of the Act. This Rule is traceable to the power conferred under section 164(2) of the Act. The time limit stipulated in Rule 117 is in consonance with the transitional nature of…
Judgement
Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final disposal. 2. The Petitioner – Nelco Limited is a Company incorporated under the Companies Act. It supplies and undertakes various network-related services. Respondent No.1 is the Union of India. Respondent No. 2 is the Central Board of Indirect Taxes. Respondent No.3 is the State of Maharashtra. Respondent No…