2018 (7) TMI 1952 - HC - GST

Distribution of Credit - filing of the TRAN-1 forms (revised) - transition to GST regime - HELD THAT - Revision as of present is not permissible and as a consequence has not been fully accepted which has resulted in a demand of ₹ 16.80 crores. It is submitted that such demand is not based on any tax liability. List on 17.09.2018.

Summary

Issues involved:
1. Revision of credits under the GST regime
2. Discrepancy in claimed amount and actual amount
3. Demand raised without tax liability basis

Analysis:
1. The petitioner distributed credits among registered offices due to revised methodology under the GST regime. The claimed amount was ?37.32 crores, but the actual claimable amount was ?20.52 crores. The revision was deemed impermissible, leading to a demand of ?16.80 crores, not based on tax liability.
2. The court directed the GST Council and other respondents to address the discrepancies in the counter affidavit. The petitioner's amended returns were to be submitted, and interim orders were to remain in force until the next hearing on 17.09.2018.
3. The judgment emphasized the need for a detailed response from the respondents regarding the revision of credits and the subsequent demand raised. The court ensured that all relevant documents and submissions were to be considered before making a final decision on the matter.