9911796707
TMI Blog2024 (6) TMI 1097X X X X Extracts X X X X X X X X Extracts X X X X ..... as been paid under the erstwhile regime, provided that the invoice is recorded in the books of accounts within a period of thirty days from the appointed day. First proviso to the said section provides that on sufficient cause being shown, the Commissioner may extend the period by a further period not exceeding thirty days - proviso to Section 140 (5) of the CGST Act permits the Commissioner to extend the time of recording the invoices in the books of account by a further period of thirty days, i.e., by 28th August 2017 provided the registered person shows a sufficient cause. Sub Section 5 of Section 140 of the CGST Act only requires the supplier of service to have paid before the appointed day and the invoice or the duty or tax paying docu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such as the Service Tax, Value Added Tax, Excise etc. 4. Owing to the shift, specific transitional provisions were made which allowed the taxpayers to take credit in their electronic GST Ledger equal to the unutilized credits available to the taxpayer under the previous taxation regime. These migration provisions have been specifically stipulated in Section 140 of the CGST Act which provides for the carry forward of old credits into the GST Regime. 5. Section 140 (5) of the CGST Act provides that a registered person can take credit of eligible duties and taxes in respect of inputs or input services received on or after the appointed day on which duty or tax has been paid under the erstwhile regime, provided that the invoice is recorded in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in its books of account in the month of July 2017. In June 2017 petitioner claims to have fallen prey to a cyber attack which crippled petitioner s operations. Petitioner is also relying upon a press release by the Ministry of Shipping, Government of India reporting about the cyber attack. It is petitioner s case that due to this cyber attack it could not record some such transit invoices in its books of account in the month of July and the same were recorded by petitioner in the books of account on or before 28th August 2017. Mr. Sridharan submitted that this has been accepted by respondent in Paragraph No. 39 of the impugned order dated 1st December 2023. 7. Petitioner thereafter applied for extension of period under the first proviso to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce the application dated 27th December 2017 was submitted well beyond the statutorily permissible time limit, the same cannot be considered. Therefore, the short issue in this petition is whether Section 140 (5) of the CGST Act prescribes any time limit to make an application for extension to record in the books of account. 9. No affidavit in reply has been filed though stay has been granted from 29th January 2024 to the tax demand and extended from time to time. The stay is still in force. 10. Mr. Adik reiterated the stand taken in the impugned order and of course also submitted that petitioner could have availed the alternative remedy by filing an appeal. 11. Since the question was of interpreting the provisions of Section 140 (5) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r tax paying document was recorded in the books of account of the registered person within a period of thirty days from the appointed day, i.e., on or before 31st July 2017. The proviso to Section 140 (5) of the CGST Act permits the Commissioner to extend the time of recording the invoices in the books of account by a further period of thirty days, i.e., by 28th August 2017 provided the registered person shows a sufficient cause. Sub Section 5 of Section 140 of the CGST Act does not provide for the date by which such an application for extension has to be filed. Sub Section 5 of Section 140 of the CGST Act only requires the supplier of service to have paid before the appointed day and the invoice or the duty or tax paying document being rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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