HC: Right to transitional credit 'indefeasible', prescription of time-limit under Rule 117 'not mandatory'

Sep 07,2019

Gujarat HC holds that due date contemplated under Rule 117 of CGST Rules, 2017 for purposes of claiming transitional credit "is procedural in nature and thus should not be construed as a mandatory provision"; Consequently, permits the writ-applicants to file declaration in TRAN-1 and TRAN-2 so as to enable them to claim transitional credit of eligible duties in respect of inputs held in stock on appointed day in terms of Section 140(3) of the Act; Notes that, TRAN-1 coul...

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