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2022 (5) TMI 635 - HC - GSTMaintainability of appeal - Time Limitation - admissibility of credit in the GST regime in respect of EC and EHEC - HELD THAT - On the first date, the predecessor bench of this Court on 21.12.2022 asked the learned Counsel for the Respondents to take instruction whether impugned order passed by appellate authority can be set aside and remanded back for deciding the matter afresh. It would appear that the appellate authority has not considered the judgement of this Court in case of GODREJ BOYCE MFG. CO. LTD. VERSUS UNION OF INDIA AND ORS. 2021 (11) TMI 157 - BOMBAY HIGH COURT - The said judgment is relied by the Petitioner to contend that in similar circumstances, show cause notice issued seeking to recover transition of EC and SHEC in the Electronic Credit Ledger based on the Amendment Act, 2018 was set aside. The said aspect has not been dealt with by the appellate authority. Additional submissions also does not appear to have been considered. The contention of the Petitioner that the order could not travel beyond the show cause notice, also does not appear to have been considered by the appellate authority. The matter is remanded back to the appellate authority for deciding afresh - Petition allowed by way of remand.
Issues:
1. Whether the order impugned in the Appeal is beyond the show cause notice issued. 2. Whether the order passed by the appellate authority considered the relevant provisions of the statute and rules. 3. Whether the admissibility of the Cenvat credit of EC & SHEC as ITC in the GST regime was correctly addressed. 4. Whether the amendment to section 140(1) of the Act affects the transition of credit. 5. Whether the appellate authority failed to consider the judgment in the case of Godrej & Boyce Mgd. Co. Ltd. 6. Whether the appellate authority properly considered the additional submissions made by the Petitioner. Analysis: 1. The Petitioner contended that the order in question exceeded the scope of the show cause notice issued. The Petitioner argued that the appellate authority did not address the additional submissions made, including reliance on a specific court case. The Appellate authority was criticized for not considering the Petitioner's argument that the order went beyond the show cause notice. The Court agreed with the Petitioner's contentions and quashed the impugned judgment, remanding the matter back to the appellate authority for a fresh decision after considering the Petitioner's arguments. 2. The Respondents, on the other hand, argued that the order was within the bounds of the show cause notice and was passed after considering relevant statutory provisions and rules. The Respondents specifically mentioned that the only refund application of the Petitioner was rejected by one of the Respondents. However, the Court did not find this argument sufficient and decided in favor of the Petitioner, setting aside the appellate authority's judgment for a fresh decision. 3. The Respondents further contended that the Petitioner's concern was related to the admissibility of Cenvat credit of EC & SHEC as Input Tax Credit (ITC) in the GST regime. They also argued about the applicability of an amendment to section 140(1) of the Act on the transition of credit. The Court noted that the appeal was not about the disallowance of ITC but specifically about the admissibility of credit in the GST regime concerning EC and EHEC. The Court emphasized that the appeal did not revolve around the admissibility of Credit in general. 4. During the proceedings, the Court referred to a previous judgment involving similar circumstances and directed the appellate authority to reconsider the matter in light of that judgment. The Court highlighted that the appellate authority had not adequately addressed the arguments and submissions presented by the Petitioner. Consequently, the Court quashed the appellate authority's judgment and instructed a fresh consideration of the case. 5. The Court directed the Petitioner to appear before the appellate authority on a specified date for the fresh decision. The Court emphasized that the appellate authority must consider all contentions raised by the Petitioner before making a new determination. Ultimately, the Court disposed of the Writ Petition without imposing any costs on either party.
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