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2019 Supreme(Del) 2527

S.MURALIDHAR, TALWANT SINGH
BLUE BIRD PURE PVT. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant :Mrs. Anjali J. Manish and Mr. Priyadarshi Manish, Advocates
For the Appellant :Mr. Anil Dabas and Mr. Praveen Kumar, Advocates for Respondent No. 1 Mr. Harpreet Singh, Senior Standing Counsel for Respondent Nos. 2 and 3 with Ms. Suhani Mathur, Advocate Mr. Satyakam, ASC, Govt. Of NCT of Delhi/ Respondent Nos. 4 and 5

ORDER

Dr. S. Muralidhar, J.:

1. Notice. Notice is accepted by learned counsel for the Respondents.

2. Counter-affidavit filed on behalf of Respondent Nos. 2 and 3 is already on record.

3. The Petitioner is a company having its registered office in New Delhi, engaged in the manufacturing and trading of water purifiers. It is duly registered with the Excise Department and under the Central Excise Act, 1944 and the Rules under which it is entitled to take the CENVAT credit on input used for manufacturing of the finished goods. After the enactment of Central Goods and Services Act, 2017 (CGST Act), the Petitioner got itself registered with the Goods and Service Tax Department. A registration number was issued to it on 26th September, 2017.

4. The Central Government in exercise of the powers under Section 140(5) read with Section 164 of CGST Act read with Rule 117 of the CGST Rules prescribed the GST TRAN- 1 Form which was required to be filed online as a condition precedent for allowing the Petitioner to carry forward the CENVAT credit that was available to it as on the date of coming into force of the CGST Act. The Petitioner states that it filled and filed online the GST TRAN-1 Form on 27

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