A LANDMARK JUDGEMENT REGARDING TRANSFER OF I T C

News

A LANDMARK JUDGEMENT REGARDING TRANSFER OF I T C

11/02/2021

A LANDMARK JUDGEMENT REGARDING TRANSFER OF I T C

1. The petitioner in the present writ petition has prayed for revocation of cancellation of the Registration No. being GSTIN 24AAYPB8860D2ZH.

2. In this regard pursuant to the directions issued by this Hon'ble Court the respondent authorities have tried to resolve the controversy by suggesting an amicable solution. The petitioner may approach the respondent authorities for transfer of Input Tax Credit in accordance with the provisions contained in Section 18 of the Gujarat Goods and Services Tax Act, 2017 read with Rules 41 and 41A of the Gujarat Goods and Services Tax Rules, 2017. Alternatively, the petitioner may approach the respondent authorities u/s.54 of the Gujarat Goods and Services Tax Act, 2017.

3. It is further submitted before this Hon'ble Court that the transfer of the Input Tax Credit to the existing GSTIN number of the petitioner may create some functionality issues as the time limit within which the petitioner was under a statutory obligation to approach the respondent authorities has already expired. In this regard the respondent authorities may need some technical assistance from the respondent no.4 viz.GSTN. Therefore, this Hon'ble Court may also issue appropriate direction to the respondent no.4 GSTN for providing necessary technical assistance.

READ FULL JUDGEMENT