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    <title>2018 (10) TMI 261 - GUJARAT HIGH COURT</title>
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    <description>Transitional input tax credit under the GST enactments is a statutory concession that may validly be made subject to prescribed declarations and a filing deadline. The second proviso to section 140(1) was upheld because it did not extinguish credit permanently, but only postponed the benefit until the required statutory forms were furnished, leaving the claim refundable once substantiated. Rule 117 was also held intra vires because the rule-making power under the Act allowed a prescribed time limit for orderly transition, finality of claims and effective tax administration. The constitutional and ultra vires challenges were rejected.</description>
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    <pubDate>Wed, 19 Sep 2018 00:00:00 +0530</pubDate>
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      <title>2018 (10) TMI 261 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=368295</link>
      <description>Transitional input tax credit under the GST enactments is a statutory concession that may validly be made subject to prescribed declarations and a filing deadline. The second proviso to section 140(1) was upheld because it did not extinguish credit permanently, but only postponed the benefit until the required statutory forms were furnished, leaving the claim refundable once substantiated. Rule 117 was also held intra vires because the rule-making power under the Act allowed a prescribed time limit for orderly transition, finality of claims and effective tax administration. The constitutional and ultra vires challenges were rejected.</description>
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      <pubDate>Wed, 19 Sep 2018 00:00:00 +0530</pubDate>
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