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GST - Highlights / Catch Notes

Home Highlights August 2022 Year 2022 This

Transitional credit - Seeking direction to credit the amount ...


Court Harmonizes GST Rules: Allows Additional Time for ITC Credit Requests Beyond Rule 117 Timeline; Mandamus Issued for Petitioner's Relief.

August 22, 2022

Case Laws     GST     HC

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 undoubtedly, the timeline stated under Rule 117 has to be read into Rule 120 as well. This would not, lead to a conclusion that the application of Rules 117 and 120A cannot be harmonized, to make them workable, viable and practical - the timelines under Rule 120A must be of a period over and above the timelines stipulated in Rule 117, mandamus as sought for by the petitioner is issued. Since the credits filed by the petitioner relate to Central Excise and Service both coming under Central jurisdiction, R1 may will enable opening of the portal such that revision may be sought. - HC

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