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TMI Blog2024 (9) TMI 1473X X X X Extracts X X X X X X X X Extracts X X X X ..... red to the Electronic Credit Ledger as available to the assessees, under the GST regime - petitioner contends that the non-uploading of the Form cannot restrict the Input Tax claim validly permissible under the CGST Act - HELD THAT:- This Court after noticing Section 18 of the GST Act with the nominal heading Availability of credit in special circumstances held ' As far as the transitional claims are concerned there is a further limitation prescribed as on 27.12.2017 and then of course, as per the Hon ble Supreme Court s directions there was a window of two months provided. Unless the claim is made in Form GSTR TRAN-1 within the time initially provided or that provided later, to get over the teething problems, there can be no claim rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the CGST Act after it came into force on 01.07.2017 as per Annexure-1. The petitioner has also quoted Section 140 which provides for transitional arrangements for the Input Tax Credit. The rules have prescribed uploading of the details of the Input Tax Credit available under the VAT regime in Form GST TRAN-1. The petitioner had a transitional credit; according to the petitioner, coming to Rs. 36,32,158.90/-, which however, was not uploaded as per GST TRAN-1 for the purpose of credit in the Electronic Credit Ledger; for set off against the output tax payable in the GST regime. The petitioner also has spoken of sub-rule (1A) of Rule 117 which empowered the Commissioner on the recommendation of the Council to extend the date for submitti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he GST Act with the nominal heading Availability of credit in special circumstances held so in Paragraph 15:- 15. Sub-section (a) of Section 18 is the enabling provision, which benefit is reflected in the Transitional Provisions under Section 140, permitting a business registered under the VAT provisions; in which regime too there existed ITC, to carry forward that credit to be availed as set off under the GST regime for the inputs held in stock; whether it be in the semi-finished or finished form, as on the date the business becomes liable to pay tax under the GST regime. Sub-section (2) prohibits any credit to be availed after the expiry of one year from the date of issue of tax invoice relating to such supply. As far as the transitional ..... X X X X Extracts X X X X X X X X Extracts X X X X
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