2022 (9) TMI 1409 - HC - GST

Recovery of accumulated credit transitioned by it in terms of Section 140 of Central Goods Services Tax Act, 2017 - Input Service Distribution - HELD THAT - Mr Harpreet Singh, who appears on behalf of respondents, says that he will examine the judgments and accordingly, return with instructions. List the matter on 10.10.2022.

Summary

Issues:
Recovery of accumulated credit under Section 140 of CGST Act for ISD, rejection of credit request, challenge to instructions prohibiting transition of unutilized CENVAT credit by ISDs, relevance of judgments by other High Courts.

Analysis:

1. The petitioner, an Input Service Distributor registered with the respondents, challenges the attempt to recover accumulated credit transitioned under Section 140 of the CGST Act for Input Service Distribution (ISD).

2. The main contention revolves around the rejection of the petitioner's request for credit of unutilized ISD through a communication dated 04.02.2019, issued by respondent no. 4.

3. Additionally, the petitioner challenges the validity of instructions dated 05.02.2017, issued by respondent no. 3, which bars ISDs from transitioning accumulated unutilized CENVAT credit, adding complexity to the issue.

4. The petitioner's counsel cites specific judgments from other High Courts, including those dated 23.08.2022 and 29.08.2022 by the Bombay High Court, and one dated 11.02.2022 by the Gujrat High Court, to support their argument, indicating a legal precedent in similar cases.

5. Mr. Harpreet Singh, representing the respondents, undertakes to review the referenced judgments and provide instructions accordingly, suggesting a willingness to engage with the legal arguments presented.

6. The court schedules the next hearing for 10.10.2022, allowing time for both parties to further prepare their case, with the petitioner's counsel directed to submit a concise two-page note addressing the issues raised in the writ petition, enhancing the clarity and focus of the legal arguments to be presented.