9911796707
TMI Blog2023 (8) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the order has been passed on technicalities. Shri Ankur Agarwal, learned counsel appearing for the Respondent No.2 has vehemently argued in support of the impugned order. He submits that the averment of the petitioner to the effect that the objections have not been considered is ill founded inasmuch as the impugned order records that the objections have been filed and despite opportunity having been afforded to the petitioner for personal hearing, the same was not availed by the petitioner. No irregularity or illegality can be attributable to the impugned order and the same is liable to be sustained. The petitioner has been non suited on the ground that Form ITC-02 for transfer of input tax credit was not available on the GST Portal w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T ITC-02. The petitioner is a registered Company engaged in providing internet service across India from various State including the State of U.P. The petitioner entered into a Business Transfer Agreement on 17.08.2017 with another Company i.e. M/s Tikona Digital Network Pvt. Ltd. underwhich the business was transferred to the petitioner. M/s Tikona Digital Network (TDA) had accumulated ITS balance of more than Rs. 3,1313,68,997/- which was unutilized. The petitioner being entitled to transfer the ITC remaining unutilised under Section 18(3) of the GST Act made attempt to transfer the same as per the procedure prescribed under Rule 41 of the CGST Rules, 2017. The Rules provide that the Transferor shall file GST ITC-02 electronically on c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel appearing for the Respondent No.2 has vehemently argued in support of the impugned order. He submits that the averment of the petitioner to the effect that the objections have not been considered is ill founded inasmuch as the impugned order records that the objections have been filed and despite opportunity having been afforded to the petitioner for personal hearing, the same was not availed by the petitioner. No irregularity or illegality can be attributable to the impugned order and the same is liable to be sustained. Be that as it may, we find that the petitioner has been non suited on the ground that Form ITC-02 for transfer of input tax credit was not available on the GST Portal which was in nascent stage during the initial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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