Case Law Details
As per reports Hon. Gujarat High Court in the case of Filco Trade Centre Pvt ltd vs Union of India in Special Civil Application No 18433 of 2017 decided on 5th September 2018 held that Clause (iv) of Section 140(3) of the Central Goods and Services Tax Act, 2017 in transitional credit provisions providing for 1 year time limit of purchases for claiming excise duty credit inter alia in the cases of first stage dealers and importers is unconstitutional and needs to be stuck down.
Hon’ble Gujarat Court held that duty paid on inputs is as good as tax paid and creates a vested right which cannot be taken away by introducing a condition with retrospective effect.
Hon Court held that credit cannot effectively be taken away with retrospective effect by introducing a condition that no credit will be available for goods purchased prior to 1 year.
Matter is argued by Mr Uchit Sheth for Filco Trade Centre Pvt ltd.
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