Case LawWP No. 8890 of 2020
P.R. Mani Electronics Vs Union of India
- Court:
- High Court
- Bench:
- Madras
- Date:
- July 13, 2020
- Type:
- Writ Petition
- Members:
- A.P.SAHI, SENTHILKUMAR RAMAMOORTHY
Subject
Transitional ITC cannot be availed of except within the stipulated time limit
Input Tax CreditTransition
Summary
1. In SKH Sheet Metals, the Delhi High Court concluded, in paragraph 26, that the statute had not fixed a time limit for transitioning credit by also referring to the repeated extensions of time. Given the fact that the power to prescribe a tim…
Judgement
The validity of Rule 117 of the Central Goods and Service Tax Rules, 2017 (the CGST Rules) is under challenge in this writ petition on the grounds that it is ultra vires Section 140 of the Central Goods and Services Tax Act, 2017 (the CGST Act) and infringes Articles 14 and 300A of the Constitution, and the Petitioner further prays that the Respondents should be directed to permit the…