2024 (8) TMI 834

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....aised the same issues. 2. The common issues in these cases is that the petitioners who are dealers registered under the Andhra Pradesh Value Added Tax Act, 2005 [for the short "the AP VAT Act"] had certain outstanding credits in their account when the Andhra Pradesh Goods and Services Tax Act, 2017 [for the short "the AP GST Act"] was brought into effect from 01.07.2017. The dealers who had credit balances, arising out of unused input tax, were permitted to transfer the said credit balances under the AP GST Act and the said credit so obtained could be used by the dealers for adjusting against the tax payable by them. The petitioners, along with other dealers, had applied for transfer of credits available in their ledgers under the Form Tra....

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....titioners, by end of March-2016, then the petitioners would have to request the STO/AC for refund of the same subject to refund audit. 7. The controversy in the present case is whether the tax credit available in the ledgers of the petitioners, as on 02.06.2014, on account of unused input tax, can be transferred to the AP GST regime or the only option available to the petitioners was to seek a refund of the same. 8. The entire controversy revolves around Section 56 of the Andhra Pradesh Reogranisation Act, 2014 which reads as follows:- "Section- 56: Refund of taxes collected in excess. (1) The liability of the existing State of Andhra Pradesh to refund any tax or duty on property, including land revenue, collected in excess shall be t....