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