TRAN1 Credit, Goods and Services Tax - GST

[MUNIRAJ SRINIVASAN]

Dear Sir,

one my client TRAN 1 Credit (Service Tax Input of ₹ 12,36,000) available in our books limitation period is over we have to file HIGH COURT Writ or any other option is there ?

If any format we have to file along with Writ ?

Please guide me

Posts / Replies

[ABHISHEK TRIPATHI]

Dear Muniraj Srinivasan,

1. According to (i) the Act and the rules made thereunder and (ii) Brand Equity judgment, yes your transition is time barred. Means your limitation period is over.

2. You may try because carrying forward Tran-1 credit is your 'vested right' and may use arguments like property and all (refer brand equity and the judgment cited in that)

3. Every Hon'ble HC has different formats of filing Writ Petition. Basically, what you should be asking whether you have a case under 226 or not? I think you have.

[KASTURI SETHI]

It is long battle and moreover, chances are slim. It is an uphill task to challenge time limit prescribed under any Act.