SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Del) 2115

MANMOHAN, SANJEEV NARULA
Super India Paper Products – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mangesh Bhende, Advocate, Digajmaan Mishra, Advocate, Akshat Malpani, Advocate, Ravi Prakash, Advocate, Anuj Aggarwal, Advocate, Shikhar Sheel, Advocate, Ayushi Bansal, Advocate, Sunieta Ojha, Advocate, Sonu Bhatnagar, Advocate, Venus Malhotra, Advocate, Vaibhav Joshi, Advocate, Mallika Joshi, Advocate, Vinay Gupta, Advocate, Vivek Goyal, Advocate, Harpreet Singh, Advocate, Suhani Mathur, Advocate, Jitesh Vikram Srivastava, Advocate, Prajesh Vikram Srivastava, Advocate, Vineet Bhatia, Advocate, Ajay Digpaul, Advocate, Kamal R Digpaul, Advocate, Sandeep Kumar, Advocate, Kunal Sharma, Advocate, Anil Soni, Advocate, Devesh Dubey, Advocate, Puneet Rai, Advocate, Vaibhav Kulkarni, Advocate, Rajesh Jain Virag Tiwari, Advocate, Ramashish, Advocate, Virender Pratap Singh Charak, Advocate, Kapil Gaur, Advocate, Vaishnav Kirti Singh, Advocate, Shubham Ahuja, Advocate, Sanjay Singh Chauhan, Advocate, Ruchir Bhatia, Advocate, Madhura M.N., Advocate, Bhagwan Swarup Shukla, Advocate, Sanjeev Uniyal, Advocate, Dhawal Uniyal, Advocate, Abhishek Garg, Advocate, Farman Ali, Advocate, Meghna Nimbekar, Advocate, Puneet Agrawal, Advocate, Hemlata Rawat, Advocate, Yuvraj Singh, Advocate, Asheesh Jain, Advocate, Chanderkant Singh, Advocate, Amrit Singh, Advocate, Kavindra Gill, Advocate, Dev P Bhardwaj, Advocate, Mangesh Bhende Digajmaan Mishra, Advocate, Manish Kr Hirani, Advocate, M.A. Ansari, Advocate, Khursheed Ahmad, Advocate

JUDGMENT

Sanjeev Narula, J. - The common thread in this present batch of petitions is that they pertain to transition of CENVAT credit from the erstwhile indirect tax regime to the present Goods and Services Tax ('GST') system by virtue of a right specifically conferred on the taxpayers for smooth migration into the new indirect tax regime.

    I. BRIEF BACKGROUND:

    2. Chapter XX of the CGST Act, 2017 (hereinafter "the Act"), which deals with transitional provisions, allows for transition of unutilized CENVAT credit available under the previous regime. The statute provides for filing form GST TRAN-1 (hereinafter "TRAN-1 Form") by furnishing details of amount of CENVAT credit sought to be carried forward in the return, relating to the period ending with the day immediately preceding the appointed date, i.e., 1st July, 2017. The last extended date for filing the TRAN-1 Form, was prescribed as 27th December, 2017.

    3. Unfortunately, the transitionary mechanism was not smooth and easy for numerous taxpayers. Several factors, including technical glitches and shortcomings in the online system, prevented or obstructed them from filing the TRAN-1 Form by the above deadline. Many taxpayers complaine

                                                                                            Click Here to Read the rest of this document
                                                                                            1
                                                                                            2
                                                                                            3
                                                                                            4
                                                                                            5
                                                                                            6
                                                                                            7
                                                                                            8
                                                                                            9
                                                                                            10
                                                                                            11
                                                                                            SupremeToday Portrait Ad
                                                                                            supreme today icon
                                                                                            logo-black

                                                                                            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

                                                                                            qr

                                                                                            Scan Me!

                                                                                            India’s Legal research and Law Firm App, Download now!

                                                                                            For Daily Legal Updates, Join us on :

                                                                                            whatsapp-icon telegram-icon
                                                                                            whatsapp-icon Back to top