2020 (12) TMI 1046 - HC - GST

Direction to respondent no.2 and 3 to consider the claim of petitioner Firm who submits their claim for granting the adjustment and credit of Excise duty for the stock which was available on the date when the GST was made applicable in the interest of justice - HELD THAT - Shri Seth, learned counsel for the respondent Nos.2 and 3 was requested to seek instructions and on instructions, it is submitted that on petitioner's filing a representation to the Central Goods Services Tax Authority, the same shall be considered objectively. The petition is disposed off with a direction to the petitioner to file a representation before the Central Goods Services Tax Authority. In case, the representation is filed within a period of 15 days, the Authority concerned shall consider the representation objectively and decide the same expeditiously, however, not later than 45 days from receiving the representation. It is made clear that we have not expressed any opinion on the merits of the matter.

Summary

Issues:
Petitioner seeks directions for excise duty credit adjustment and representation consideration by respondent authorities.

Analysis:
The petitioner filed a petition seeking directions for the adjustment and credit of excise duty for stock available when GST was implemented, along with consideration of representations marked as Annexure P-6 and P-8 by the respondent authorities. The learned counsel for the respondent authorities assured that representations to the Central Goods & Services Tax Authority would be objectively considered. The High Court disposed of the petition with a directive for the petitioner to submit a representation to the Authority. The court mandated that if the representation is filed within 15 days, it must be objectively decided within 45 days of receipt, emphasizing that no opinion on the merits was expressed. The petition was finally disposed of, providing clarity on the course of action for the petitioner.