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TMI BlogTransitional Credit u/s 140 of GST ActX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Experts, One of my client's have forgot to file Tran-1 application within the due date given by the Government. As per the VAT return shows as excess in June 2017 as ₹ 2,00,000/-. Now what is the remedy or loophole to avail the Tran Credit under the GST regime. Thanks in Advance. - Reply By Himansu Sekhar - The Reply = No alternative available - Reply By KASTURI SETHI - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Reply = Dear Querist, CESTAT has held that it is a procedural lapse. Here is a case law which is useful for you. Go through and try to get relief. 2019 (8) TMI 485 - CESTAT BANGALORE RMC READY MIX (INDIA) VERSUS COMMISSIONER OF CENTRAL TAX - Reply By Alkesh Jani - The Reply = Sir, Please ensure that refund claim is not time barred.However, the guidance provided by Shri Ka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sturiji Sir, is very vital in the matter. Thanks, With regards - Reply By KASTURI SETHI - The Reply = Yes, time-bar is a major hurdle as two year period from the relevant date has already expired. - Reply By THYAGARAJAN KALYANASUNDARAM - The Reply = Dear experts, Is there a possibility of finish the assessment under the erstwhile law and get the refund. Since, no time limit is applicable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o get the refund under the TNVAT regime. - Reply By KASTURI SETHI - The Reply = You are to get refund under Section 54 of CGST Act and not under TVAT. Section 142 of CGST Act could help you but no revised return has been filed under CGST Act . Case laws are pro-revenue. You cannot hit in the dark. There must be legal basis to file refund claim. - Reply By Ganeshan Kalyani - The Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply = Transitional credit are assessed as per GST law. Hence, as said by Sri Kasturi Sir, refund or credit in electronic credit ledger can be taken under GST law. - Reply By Ganeshan Kalyani - The Reply = I think you can submit a request with the department as show the credit in GSTR 3B and claim it Since the amount is big an intimation to the department is necessary and this solution seems r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ight. - Reply By Alkesh Jani - The Reply = Sir, I am not sure how much this can help in the matter but finds it important to share:- In case of M/s. Filco Trade Centre Pvt ltd vs Union of India (Gujarat High Court)-Special Civil Application No 18433 of 2017 = 2018 (9) TMI 885 - GUJARAT HIGH COURT 31. In the conclusion we hold that though the impugned provision does not make hostil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e discrimination between similarly situated persons, the same does impose a burden with retrospective effect without any justification. 32.For all these reasons we find that clause (iv) of sub-section (3) of section 140 is unconstitutional. We therefore strike down the same. Petitions are allowed and disposed of. 33. At the request of learned counsel for the Revenue this judgement shall st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and stayed upto 31.10.2018. Thanks - Reply By KASTURI SETHI - The Reply = Striking down any section by High Court will not prove bonanza for any person inasmuch as the department will not sit idle. The department has so many legal arrows in its armoury. - Reply By Alkesh Jani - The Reply = Dear Sh. Kasturiji Sir, You are correct, the order of high court is stayed by Hon'ble S.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I just want to convey that the grounds and decisions will be important of the Hon'ble S.C. so some preparation may help in future. With Regards - Reply By KASTURI SETHI - The Reply = Dear Sh.Alkesh Jani Ji,. I agree with you. - Reply By Ramakrishnan Krishnamurthy - The Reply = I think you have to try only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal remedy. It is going to be very tough. The department unlike in the past had given so many advertisement in the news papers about the transitional credit to sensitize the taxable persons to understand the importance. Any ways see the possibility of getting some legal remedy and wish you good luck - Reply By THYAGARAJAN KALYANASUNDARAM - The Reply = Dear experts, The respective client h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the letter acknowledgement with the concern assessing authority on or before 27th December 2017 and based on that, if I file a petition before the court for the remedy will that be the chances for getting direction from the court to submit the TRAN-1 . Please advice me. - Transitional Credit u/s 140 of GST Act - Query Started By: - THYAGARAJAN KALYANASUNDARAM Dated:- 28-8-2019 Goods and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Services Tax - GST - Got 14 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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