2018 (5) TMI 1390 - HC - GST

Transitional credit u/s 140 - Input tax credit - Case of the petitioner is that its case is covered under sub-rule 4 which lays down detailed procedure and conditions for claiming tax credit and making a declaration under sub-rule 1 of Rule 117 is not applicable - Such requirement is procedural or substantive? - Admitted fact is that the petitioner has not made a declaration referred to under sub-rule 1 of Rule 117 within the time permitted. Question is, can the petitioner still claim tax credit, as provided under sub-rule 4 of Rule 117 of the Rules read with Section 140 of the CSGT Act, 2017 - Notices issued.

Summary

The Gujarat High Court considered a case regarding un-utilized input tax credit under the GST regime. The petitioner argued that their case falls under sub-rule [4] of Rule 117, which provides detailed procedure for claiming tax credit. The court will further examine the case on 3rd May 2018.