ORDER :

1. In this writ petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for declaring the Explanation 1 to Section 19 of the Jharkhand Value Added Tax Act, 2005 as inserted vide Jharkhand Act No. 22 of 2011, i.e. Jharkhand Value Added Tax (Amendment) Act 2011 as ultra vires. Petitioner has also prayed that the amendment carried to Section 19 of the Jharkhand Value Added Tax Act, 2005, as inserted vide Jharkhand Value Added Tax (Amendment) Act 2016, as contained in Notification No. L.G. 06/2017-44/Leg. dated 31st March, 2017 be also declared ultra vires. By virtue of the said amendment, the accrued Input Tax Credit of the petitioner stood forfeited.

An alternative prayer has been made to the aforesaid two prayers. As per the alternative prayer, petitioner prayed for declaring that the amount of Rs.21,65,133/-which is admittedly the Input Tax Credit accrued in favour of the petitioner for the assessment year 2010-2011 be not treated to be forfeited and be carried forward to the next assessment year 2011-12. Petitioner has prayed that even if the amendment is not declared to be ultra vires, the credit which has already accrued, cannot be taken a