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TMI Blog2024 (3) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... e GST Council considers the issues inter alia the effect that Sub-Section (7) of Section 140 would bring about, on the transition of the input tax credit, being permitted under such provision. More particularly, as it is urged on behalf of the Petitioners, that it is ill-conceivable that the input tax credit which was legitimately available with the petitioners before the appointed day, cannot be permanently lost or lapsed, merely because the GST, machinery does not create an effective procedural mechanism, for such credit to be transferred to the Electronic Credit Ledger (ECL) to be utilized, thereby, creating a situation of such credit being permanently lost. It is also their submission that this can never be the intention of the legislat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndra B. Mishra a/w Ms. Sangeeta Yadav aw Mr. Rupesh Dubey aw Mr. Umesh Gupta for Respondent UOI in WP/986/2019 Mr Jitendra B. Mishra aw Ms. Sangeeta Yadav for Respondent in WP/11539/2019, WP/2008/2024 Mr. Jitendra Motwani, a/w Mr. Nishant Shah, Mr. Chirag Shetty Mr. Niraj Hande, Ms. Disha Shah i/b Economic Laws Practice for Petitioner in WP/2786/2021. Mr. Jitendra Motwani a/w Mr. Chirag Shetty i/b Economic Laws Practice for Petitioner in WP/2168/2021. Mr. Jitendra Motwani a/w Mr. Chirag Shetty, Mr. Sameer Samal i/b Economic Laws Practice for Petitioner in WP/262/2019. Mr. Rohan P. Shah a/w Mr. Udayan Choksi, Mr. Sri Sabari Rajan, Mr. Marmik Kamdar, Mr. Mohammed Anajwalla and Ms. Surabhi Prabhudesai i/b Khaitan Co. for Petitioner in WP/1479/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 017 was brought into force. 2. The petitioners contend that such input tax credit was not permitted to be transitioned and / or to be taken in the electronic credit ledger, although it was statutorily entitled to them, and merely, because there is a defective electronic mechanism to give effect to such input tax credit. Accordingly, the present Petitions were filed praying for reliefs inter alia for a writ of mandamus directing the Respondents to permit the Petitioners to allow eligible transition and credit as per Section 140 of the CGST Act, without any restrictions. 3. We had commenced the hearing of the present proceedings in pursuance of the orders dated 24th March 2023 passed by the Supreme Court in the case of Union of India and Ors. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the returns required under the existing law for the period of six months immediately preceding the appointed date; or (iii) where the said amount of credit relates to goods manufactured and cleared under such exemption notifications as are notified by the Government. (2) . (3) . (4) .. (5) . (6) . (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 as may be prescribed) even if the invoices relating to such services are received on or after the appointed day. (Emphasis supplied) 6. According to the Petitioners, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and the other relevant provisions of the CGST Act, on the issue of the transitional arrangement, in relation to the input tax credit to be distributed by the ISD s. 10. Today we would have closed the proceedings for judgment on Mr. Venkatraman concluding his rejoinder arguments. However, as a result of a significant discussion having taken place on the issues as involved, presently, we need to alter such course, by deferring further arguments of Mr. Venkatraman. Such discussion leads us to form an opinion that before we proceed to adjudicate such issues, it would be appropriate that the GST Council considers the issues inter alia the effect that Sub-Section (7) of Section 140 would bring about, on the transition of the input tax credit, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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