9911796707
TMI Blog2024 (3) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... NO. 5397 OF 2024 WITH WRIT PETITION NO. 1646 OF 2022 WITH WRIT PETITION NO. 1479 OF 2019 WITH WRIT PETITION NO. 2786 OF 2021 WITH WRIT PETITION NO. 2781 OF 2023 (E - Filed) WITH WRIT PETITION NO. 14481 OF 2023 (E - Filed) WITH WRIT PETITION NO. 262 OF 2019 Mr. Vikram Nankani, Sr. Advocate aw Mr. Chirag Shetty aw Mr. Jitendra Motwani aw Mr. Sameer Samal i/b Economic Laws Practice for Petitioner in WP/986/2019 Mr. Prasad Paranjape aw Mr. Sanjeev Nair aw Mr. Kevin Gogri aw Mr Kumar Harshvardhan i/b Lumiere Law Partners for Petitioner in WP/9715/2022, WP/16759/2023, WP/16760/2023, WP/16762/2023 Mr. Prakash Shah aw Mr Mohit rawal aw Mr. Mihir Mehta i/b PDS Legal for Petitioner in WP/11539/2019 Mr. Sriram Sridharan aw Mr Dev Shanmuga for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Sangeeta Yadav, for CGST in WP/109/2020 and WP/1646/2022. Mr. Jitendra B. Mishra a/w Ms. Sangeeta Yadav for Respondent in WP/109/2020 and WPL/5397/2024. Mr. Karan Adik for Respondent in WP/2786/2021. Mr. J. B. Mishra a/w Mr. Ram Ochani for R. No. 1 - 3 in WP/2168/2021. Mr. Dhanesh Shah for Res., UOI in WP/1479/2019. Mr. Venkatramani, ASG, a/w Mr. J. B. Mishra, Mr. Siddharth Chandrashekhar for Respondent No. 2 To 5 in WP/437/2020. Ms. Kavita Shukla i/b Neeti Punde for R. No. 2 and 3 in WPL/14481/2023. Mr. Karan Adik a/w Ms. Maya Majumdar for Respondents in WP/262/2019. P.C. 1. The petitioners in this batch of petitions are registered as Input Service Distributors. They raise an issue in regard to the transition of the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the input tax credit, at the hands of the Petitioners-Input Service Distributors. Sub-sections (1) and (7) of Section 140 are required to be noted, which read thus:- Section-140 Transitional arrangements for input tax credit.- "(1) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, the amount of CENVAT credit (of eligible duties) carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law '(within such time and) in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit in the following circum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering the cumulative effect the other provisions of the CGST Act, would bring about. 8. Having heard learned Counsel for the parties, we are of the prima-facie opinion that what would fall for our consideration is the interpretation of the provisions of sub-section (7) of Section 140 and the actual effect it creates or would bring about, and more particularly in the context of the following highlighted wordings of the provision:- "(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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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