Transitional Input tax credit - availment of accumulated CENVAT ...

Rule 117 on Transitional Input Tax Credit: Time Limit is Directory, Not Mandatory; Three-Year Availment Period Confirmed.

May 7, 2020

Case Laws GST HC

Transitional Input tax credit - availment of accumulated CENVAT by filing declaration Form TRAN-1 beyond the period provided under CGST Rules - Rule 117 is directory in nature, insofar as it prescribes the time-limit for transitioning of credit and therefore, the same would not result in the forfeiture of the rights, in case the credit is not availed within the period prescribed - the period of three years should be the guiding principle and thus a period of three years from the appointed date would be the maximum period for availing of such credit.

View Source

← Previous Next →

Transitional Input tax credit - availment of accumulated CENVAT ...

Rule 117 on Transitional Input Tax Credit: Time Limit is Directory, Not Mandatory; Three-Year Availment Period Confirmed.

May 7, 2020

Case Laws GST HC

You may also like:

The High Court dismissed the writ petition. The petitioner, being a registered person not liable for registration before the appointed day of 01.07.2017, sought...

Filing of Form GST TRAN-1 - time limit for filing of the form - The time limit stipulated under Rule 117 of the Rules is not ultra vires of the Act. This Rule is...

Benefits of transitional credit - delay in filing Form TRAN-1 - There are no hesitation in reiterating that Rule 117 of the CGST Rule being directory in nature, the...

Transitional credit - Seeking direction to credit the amount relating to input tax credit (ITC) - Rule 120A does not, by itself, stipulate any time limit, though...

Reopening of portal for filing of Form GST TRAN-1 - transitional credit. - applicability of time limitation provided under the retrospective amendment to Section 140(1)...

Refund - Zero rated supplies - Computation of Turnover - sale of duty credit e-Scrips - Rule 42, Rule 89(4) and Rule 89(4B) of the CGST Act - The relevancy of the...

Filing of Form GST Tran-1 and GST Tran-2 - transitional credit - the due date contemplated under Rule 117 of the CGST Rules for the purposes of claiming transitional...

Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(1A) of the Central Goods and Service Tax Rules, 2017 in certain cases

Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(1A) of the Central Goods and Service Tax Rules, 2017 in certain cases

Disallowance of belated claim of Input Tax Credit was set aside, following the Division Bench ruling in BHARAT EARTH MOVERS LIMITED VERSUS THE STATE OF KARNATAKA, which...

Transition of Input tax credit - mistake in filing Tran 1 - The petitioner having made a mistake in filing the GST returns on 10.11.2017 was entitled to revise such...

Period of limitation for transitional credit - GST TRANS-1 - In this case, the peremptory word "shall" is used. The relevant rule deals with the time limit for availing...

HC ruled that time limits under Section 144C(13) for completing assessments following DRP directions are mandatory, not directory. The AO must pass orders within one...

Jurisdiction or authority to block any input tax credit - Reason to believe that input tax available in the electronic credit ledger has been fraudulently availed or is...

The claims of carry forward of the existing duties and credits during the period of migration, therefore, had to be within the prescribed time. Doing away with the time...

Quick Updates: