SC stays Delhi HC decision in case of Brand Equity -Transitional credit

By Editor4 Goods and Services Tax Judiciary June 19, 2020 2 comments

TaxGuru Citation: 2020 taxguru.in 959
Case Name: Union of India Vs Brand Equity Treaties Limited & Ors. (Supreme Court)
Appeal Number: Only available for paid members
Date of Judgement/Order: Only available for paid members
Courts: Supreme Court of India

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Union of India Vs Brand Equity Treaties Limited & Ors. (Supreme Court)

Supreme Court has stayed Delhi HC decision in case of Brand Equity Treaties Limited Vs Union Of India which permitted the assessee to file Form Tran-1 on or before June 30, 2020.

Earlier in In Brand Equity case Delhi High Court Court has directed the Department to allow all assessees to claim input tax credit in TRAN-1 by 30.6.2020. The direction would apply to all those who could not file TRAN-1 and claim input tax credit. ️The court has further directed that it should be advertised that all taxpayers who have not filed TRAN 1 can do so by 30.6.2020. The judgment was applicable to all irrespective of whether the taxpayer has approached the court or not.

Extract of SC Order

Issue notice. To be heard along with SLP(C) No. 26626 of 2019 and SLP (C) D. No. 38404 of 2019. In the meantime, the operation of the impugned order shall remain stayed.