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2023 (8) TMI 340

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..... urn - interest under Section 50(3) of the TNGST Act, 2017 read with Rule 121 of the TNGST Rules - HELD THAT:- The Hon ble Supreme Court has meanwhile taken note of the difficulties faced by the assessee and the mistakes committed by them, while transitting the input tax credit lying un-utilised on the cut off date on 30.06.2017. The Hon ble Supreme Court in its decision in the case of Union of .....

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..... ORDER The petitioner formally an Central Excise Assessee and transitted the input tax credit that was lying unutilised in its CENVAT Account under the provisions of the CENVAT Credit Rules, 2004. While filing Form TRANS-1 by mistake, the petitioner had stated the amount has under in Colum -7D instead of 7B. As a result of which, the respondent had issued a notice in GST DRC 02 dated 07.09.20 .....

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..... 2022, has directed the respondents to allow the transitional credit. Pursuant to the aforesaid order of the Hon ble supreme Court, the respondent has also regularised the credit worngly transitioned as a un-utilised VAT lying in the petitioner s account. 4. Pursuant to which, the respondent has passed the order dated 17.02.2023 bearing Ref No.GSTN:33AACFN2216R1Z7 held as under: Tvl.N.Mahali .....

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..... ances, based on the available supporting documentary evidences, the CGST credit claim of Rs. 5,04,060/- is allowed in favour of the dealer as CGST transitional credit. 5. However, while passing the above order, the respondent has not set aside the interest that was imposed on the petitioner under Section 18(3) of the TNGST Act, 2017 vide the impugned order. 6. I have considered the argument .....

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