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TMI Blog2019 (8) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... as to be completed and the outcome of the verification process will obviously impact the impugned order being given effect to. To be noted, as already mentioned above, writ petitioner accepts tax liability under the impugned order and what is put in issue in the instant writ petition is only the adjustment plea - the respondent shall do the verification exercise under Rule 121 of TNGST Rules as expeditiously as possible and until this exercise is completed, the impugned order will be kept in abeyance. Post verification, outcome of the verification process together with its impact on the impugned order shall be communicated to the writ petitioner within ten (10) working days from date of completion of verification / quantification as abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... migration of 'Input Tax Credit' ['ITC' for brevity] under TNVAT Act, into the GST Regime by resorting to Section 140 of 'Tamil Nadu Goods and Services Tax Act, 2017' ['TNGST Act' for brevity]. Though according to e-Return filed under TNVAT Act on 20.07.2017, the writ petitioner verily believed that it had ITC to the tune of ₹ 2,14,79,109/- (little over 2.14 crores), it later realized that it does not have the requisite Forms to support this and therefore, the transition under Section 140 of TNGST Act sought was scaled down to ₹ 38,51,900/- only (little over 38.51 lakhs). The scaling down of ITC from 2.14 crores to 38 lakhs is not scaling down of ITC itself, but scaling down of ITC which is capabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avit submits that ITC sought to be made subject matter of migration by writ petitioner by filing Tran-1 is provisional and in this regard, Section 19(16) of TNVAT Act is pressed into service. 9. Learned counsel for writ petitioner submits that as far as the quantification of tax vide the impugned order namely little over 13.92 lakhs is concerned, there is no disputation. It is submitted that the disputation is only with regard to the respondent not acceding to the writ petitioner's request to adjust part of little over 1.76 crores ITC, which was given up as Tran-1 has been filed only for 38.51 lakhs. Writ petitioner submits that Tran-1 has been filed on 26.12.2017. 10. The question now is when will ITC clai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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