DELHI HIGH COURT
MANMOHAN, SANJEEV NARULA
Super India Paper Products – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. facilitating transition of cenvat credit under gst (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. recognition of taxpayers' rights amidst technical difficulties (Para 7 , 8) |
| 3. call for redundancy in procedural rigidity for genuine cases (Para 12 , 14 , 15) |
| 4. assessment of claims for cenvat credit must consider circumstances (Para 18 , 19 , 25) |
| 5. court directives for opening portal to file claims (Para 28 , 29) |
JUDGMENT
[VIA VIDEO CONFERENCING]
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 t
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