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TMI Blog2023 (8) TMI 1222X X X X Extracts X X X X X X X X Extracts X X X X ..... r benefit of the Input Tax Credit on any services prior to the appointed date by the Input Service Distributor - HELD THAT:- There can hardly be any lis and/or a contrary assertion on the part of the revenue, against the provisions of sub-section (7) of Section 140, in denying input tax credit, to the bonafide Input Service Distributors when such provision as also the Act itself recognizes such benefit, being part of the transitional arrangement created under Section 140 of the CGST Act. Thus, the Revenue is required to take a holistic view of such impasse, as also, considering the provisions of the CGST Act it needs to take a stand which would not defeat the substantive provisions of the Act, which permits the benefit of the credit to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and WP/986/2019. Mr. Rohan Shah a/w Mr. Udayan Choksi, Mr. Srisabarai Rajan, Mohammed Anajwala i/b Vox Law for Petitioner in WP/1479/2019. Mr. V. Sridharan, Senior Advocate a/w. Mr. Sriram Sridharan a/w. Ms. Arya Anil for the petitioner in WP/8388/2019 and WP/9640/2019. Mr. Sanjeev Nair a/w Mr. Kumar Harshvardhan i/b Lumiere Law Partners for Petitioner in WPL/14481/2023, 1646/2022. WP/9715/2022 and WPL/14273/2023 Mr. Jitendra Motwani a/w Mr. Chirag Shetty i/b Economic Laws Practice for Petitioner in WP/2168/2021. Mr. Prakash Shah a/w. Mr. Mihir Mehta a/w. Mr. Mohit Rawal for petitioner in WP/11539/2019. For the Respondent : Mr. P. S. Patkar a/w Mr. Karan Aadik for Respondent in WP/2786/2021. Mr. J. B. Mishra a/w Smt. Maya Majumdar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble under the CGST Act, even if the invoices were received on or after the appointed date. It is submitted that such provision would make it obligatory on the revenue to grant credit benefit to the registered Input Service Distributors and to which category the petitioner before us belong. For convenience, we extract the provisions of sub-section (7) of Section 140, which reads thus: Section 140. Transitional arrangements for input tax credit. (1) .. (7) Notwithstanding anything to the contrary contained in this Act, the input tax credit on account of any services received prior to the appointed day by an Input Service Distributor shall be eligible for distribution as [credit under this Act, within such time and in such manner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 140(7) read with other provisions of the Act. 5. It is on such prima facie opinion, before we hear the parties further, we would request the learned ASG, who is representing the revenue in the present batch of petitions, to consider whether in reality any serious dispute would arise on the modalities of giving effect to sub-section (7) of Section 140. It may also be observed that this would not mean, that a credit would be permissible in cases when the same is not recognized by law or is not permissible in any individual case. The cases of assessee s on that count can certainly be considered, which would be by a scrutiny on a case-to-case basis, and accordingly whether in a given case, the benefit of credit is available or n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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