Back
MANMOHAN, SANJEEV NARULA
Falcon Technologies Pvt Ltd – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Sanjeev Narula, J. - The present petition was heard along with the other batch of petitions relating to disputes and issues pertaining to filing of form GST TRAN-1 (hereinafter "TRAN-1 Form"). However, since the facts of the present case are slightly distinct from the remaining cases in the batch, it is considered appropriate to pass a separate order in the present petition.
2. Petitioner has approached this Court because despite filing the TRAN-1 Form within the prescribed time period, on 12th August, 2017, its electronic credit ledger does not reflect the transitional input tax credit balance.
3. The Petitioner- Falcon Technologies Pvt. Ltd, is engaged in trading activity, namely importing and/or domestically procuring various items such as broadcasting/radio equipment and selling the same to All India Radio/Doordarshan/Prasar Bharti and other private broadcasting channels. The Petitioner filed the prescribed TRAN-1 Form well in time before the deadline prescribed under Rule 117 of the CGST Rules, 2017 (hereinafter "the Rules"). However, the CENVAT credit has not been transitioned into the GST regime. The Petitioner furnished the screenshot evidencing filing of the TRAN-1 F
(1) Provision of sub-section (1) of Section 143A of Negotiable Instruments Act, 1881, which provides for grant of interim compensation, is directory and not mandatory.(2) Non-payment of interim comp....
Point of Law : Section 294 of the Cr.P.C., 1973 is applicable to the proceedings in relation to complaints filed under Section 138 of the NI Act, 1881
Section 143A of the Negotiable Instruments Act is directory, allowing judicial discretion in awarding interim compensation, requiring consideration of case merits and relevant factors.
[The provisions of Section 143A of the NI Act, 1881 are directory and grant discretion to the court to award interim compensation, which must be exercised based on a prima facie evaluation of the mer....
The discretionary nature of Section 143A of the NI Act, the need for the Trial Court to record reasons for awarding compensation, and the limited scope of interference under Section 482 Cr.P.C.
Word ‘may’ appearing in Section 143A of Negotiable Instruments Act, 1881 is not discretionary but directory in nature.
Interim compensation under Section 143-A of the NI Act is discretionary, requiring consideration of both parties' merits and the opportunity for a defense, which was not provided in this case.
The provisions of Section 143-A of the N.I. Act are directory and not mandatory.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
