2018 (3) TMI 1265 - HC - GST

Credit under new GST regime - proviso to sub-section (1) of section 140 of the Gujarat Goods and Service Tax - restriction of credit of VAT already taken - Held that - the provision deprives a dealer to his vasted right and thus, the statute acts retrospectively and also imposed an unreasonable restriction - Notice returnable on 19.04.2018.

Summary

The Gujarat High Court in 2018 (3) TMI 1265 addressed a challenge to seccond proviso to sub-section (1) of section 140 of the Gujarat Goods and Service Tax. The petitioner argued that the provision deprived a dealer of vested rights and imposed unreasonable restrictions. Notice was made returnable on 19.04.2018, with the Advocate General also being notified.