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GST - Highlights / Catch Notes

Home Highlights October 2024 Year 2024 This

Rule 117(4)(b)(iii) of the CGST Rules was challenged as ultra ...


Transitional GST credit allowed after rectification of TRAN-1/TRAN-2 forms.

Case Laws     GST

October 23, 2024

Rule 117(4)(b)(iii) of the CGST Rules was challenged as ultra vires Section 140(3) of the CGST Act and violative of Article 14 of the Constitution. The court held that the petitioner has the right to avail transitional credit legally due, and the authorities should permit rectification of TRAN-1/TRAN-2 by making necessary software changes. The respondents were directed to allow the petitioner to file rectified TRAN-1 with correct details and TRAN-2 within eight weeks to avail transitional credit. The impugned show-cause notice was quashed, and the petition was allowed.

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