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        Case ID :

        2018 (9) TMI 1260 - HC - GST

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        Court directs respondent to address petitioner's GST input tax credit grievances, disposes of writ petition The court directed the respondent to consider the petitioner's grievances regarding input tax credit on capital goods and stock of goods not claimed due ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Court directs respondent to address petitioner's GST input tax credit grievances, disposes of writ petition

                                The court directed the respondent to consider the petitioner's grievances regarding input tax credit on capital goods and stock of goods not claimed due to technical glitches in the GST portal. The court disposed of the writ petition, instructing the respondent or its Nodal Officer to address the issues in line with the representations made on the Portal and relevant circulars.




                                Issues:
                                1. Credit of input tax in relation to capital goods inadvertently permitted in TRANS I Form.
                                2. Credit of input tax on stock of goods not claimed under TRANS II due to technical glitches in GST portal.

                                Analysis:
                                1. The petitioner sought direction for considering the credit of input tax on the stock of goods which could not be claimed under TRANS II due to technical glitches in the GST portal. The petitioner's grievance was that credit of input tax in relation to capital goods permitted inadvertently in the TRANS I Form was not taken into account. The court heard arguments from both sides and noted the petitioner's assertions regarding the grievances related to input credit under TRANS I and credit of input tax on the stock of goods. The petitioner claimed that representations and grievance redressal requests were made on the Portal contemporaneously.

                                2. The court emphasized that the grievances of the petitioner should be examined in the light of the representations made and directed the respondent or its Nodal Officer to consider the grievances and pass appropriate orders in accordance with the relevant circular. Ultimately, the court disposed of the writ petition in the terms mentioned, indicating that the issues raised by the petitioner regarding input tax credit on capital goods and stock of goods not claimed due to technical glitches should be addressed by the respondent as per the representations made on the Portal.
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                                Topics

                                ActsIncome Tax
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