SHOULD WE FILE WRIT PETITION AGAINST GST LAPSED BY NOTIFICATION NO 20/2018

[Gopikishan Kabra]

PLEASE ADVICE SHOULD WE FILE WRIT PETITION AGAINST LAPSE GST NOTIFICATION ON FOLLOWING POINTS.

1. THE NOTIFICATION IS ON RECOMMENDATION OF GST COUNCIL BUT IN THE MINUTES OF GST COUNCIL THERE IS NO ANY RECOMMENDATION TO LAPSE THE ITC.

2.THE SURPLUS ITC IS OUR CURRENT ASSETS AND PART OF OUR WORKING CAPITAL .WE HAVE PAID VALUE IN CASH FOR IT AND IN CONSIDERATION OF IT RIGHT TO UTILIZE THE SAME IN FUTURE WAS GRANTED BY THE ACT AND ITC IS ACCUMULATED WITH RIGHTS TO UTILIZE IN FUTURE HENCE IT MAY NOT BE FORFEITED.

3.THERE IS HUGE DIFFERENCE IN LAPSE AND TO BLOCK FOR REFUND SO IT MAY NOT BE LAPSE UNDER INHERENTLY POWERS OF SECTION 54. IT MAY BE BLOCKED FOR REFUND ONLY. IT IS UNCONSTITUTIONAL MISS USE OF SECTION 54. THERE IS NOANY SECTION WHICH EMPOWER TO LAPSE ANY KIND OF ITC.

WE WROTE FINANCE MINISTER REGISTERED COMPLAINT ON PG PORTAL BUT NO ANY RESPONSE .

IT WILL BE WORTH TO FILE A WRIT PETITION ? PLEASE ADVICE

[SHIVKUMAR SHARMA]

The Issue already discussed vide ssue Id: - 114143 .The Point was raised by you only. You can file Writ Petition.

[DR.MARIAPPAN GOVINDARAJAN]

You can file writ petition.

[Gopikishan Kabra]

I HAVE FILED RTI APPLICATION WITH THE PRO GST COUNCIL IN THIS REGARD REPLY IS AWAITED AND LINK IS FOLLOWS

https://yourti.in/requests/dnjy84h6/rti-how-accumulated-itc-gst-lapsed-in-notification-no/
 

AI Summary

Input Tax Credit lapsing may warrant a writ petition challenging notification and statutory forfeiture of accumulated credits. Challenge concerns lapsing of accumulated Input Tax Credit by notification without recorded GST Council recommendation; filer asserts ITC is a current asset and working capital paid in cash with a right to future utilization and that no statutory provision authorises forfeiture, arguing the measure misuses refund powers and may be constitutionally vulnerable; forum replies advise filing a writ and filer has filed RTI and a complaint to the finance ministry.