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2020 (6) TMI 658 - HC - GSTCarry forward of Transitional credit - credit of eligible dues in respect of stock available with the petitioner as on appointed day - vires of Rules l17 and 120A of the Central Goods and Services Tax Rules, 2017 as ultra vires Sections 140 and 174 of Central Goods and Services Tax Act, 2017 - HELD THAT - List on 16th September, 2020.
Issues involved: Petition seeking direction to carry forward electronic credit ledger, challenge to Rules 117 and 120A of CGST Rules, declaration of retrospective amendment in Section 140(1) as illegal and arbitrary.
Analysis: The petition before the Delhi High Court seeks a direction for allowing the petitioner to carry forward the credit of eligible dues in its electronic credit ledger concerning stock available as of 30th June 2017. Additionally, the petitioner challenges the validity of Rules 117 and 120A of the Central Goods and Services Tax Rules, 2017, alleging they are ultra vires Sections 140 and 174 of the Central Goods and Services Tax Act, 2017. Furthermore, the petitioner contests the retrospective amendment to Section 140(1) from 1st July 2017, claiming it to be illegal and arbitrary. The Court, upon considering the urgency expressed in the matter, heard the petition through video conferencing. Notice of the petition was accepted by the learned standing counsels representing the respondents. The Court directed the respondents to file their counter-affidavits within four weeks and allowed for a rejoinder-affidavit to be filed within four weeks thereafter. The case was listed for further proceedings on 16th September 2020. The order of the Court emphasized the importance of uploading the order on the website promptly and forwarding a copy to the respective counsels via email. The Court's decision to issue notice to the unserved respondent indicates a commitment to ensuring all parties involved are duly informed and given an opportunity to present their case. The timeline set for filing affidavits and the subsequent proceedings demonstrates the Court's adherence to procedural fairness and efficiency in handling the matter.
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