Case Law Details
Anupam Electricals And Electronics Vs State of U.P. and Another (Allahabad High Court)
Introduction: In a recent judgment, the Allahabad High Court ruled in favor of the petitioner, Anupam Electricals and Electronics, in a case against the State of Uttar Pradesh and others. The court directed the GST Department to allow the petitioner to file Form ITC-01 to claim its eligible Input Tax Credit (ITC). This article provides a comprehensive analysis of the case, highlighting the background, key arguments, and the court’s decision.
Detailed Analysis
1. Background of the Case Anupam Electricals and Electronics, the petitioner, is a Proprietorship Firm registered under the Goods and Service Tax (GST) Act with GST TIN No. 09AEXPA7281G121. Initially, the firm was registered under the Composition Scheme for the Financial Year 2022-23. However, due to increased turnover from April 2022 to December 2022, the firm transitioned into the normal scheme after withdrawing from the Composition Scheme.
2. Eligibility for Input Tax Credit Upon shifting to the normal scheme on 7th January 2023, the petitioner became entitled to avail Input Tax Credit (ITC) for the stock of inputs, including semi-finished/finished goods and Capital goods, held on the date of withdrawal. To claim this credit, the petitioner needed to file a statement within 30 days in the form GSTITC-01 on the common portal, as per Section 18(1)(c) of the SGST Act, 2017.
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