Taiyo Nippon Sanso India Pvt. Ltd. Vs Union of India & Ors. (Bombay High Court)
Bombay HC Sets Aside Rejection of Transitional Credit Claim, Orders Fresh Consideration After Hearing Petitioner
The petitioner is a subsidiary of a foreign MNC. It is engaged in sale of Multi specialty gases. It availed transitional credit. The credit was sought to be disallowed on thr ground that such credit cannot be availed due to delay. It contended that the state authorities have already initiated audit proceedings; hence; there was duplication of proceedings. However; order came to be passed. A rectification application was filed under section 161 of the CGST Act. The same was also rejected. Hence; petition came to be filed.
Read HC Judgment in this case: Mere Written Reply Consideration Cannot Substitute Personal Hearing: Bombay HC
The Hon’ble Bombay High Court set aside the order and allowed the petition. It notes: (i) the rectification application has been rejected without hearing the petitioner; (ii) the ground of duplication of proceedings is not considered; (iii) hence; remands the matter back to the designated authority to consider the matter afresh; after issuing a fresh notice to the petitioner; if need arises.
Argued by Adv. Bharat Raichandani i/b UBR Legal
