Ford India Pvt. Ltd. Vs Union of India & Ors. (Gujarat High Court)
The Gujarat High Court considered two petitions raising a common issue concerning refund of unutilised input tax credit after taking into account transitional CENVAT credit carried forward into the GST regime through Form GST TRAN-1. The Court disposed of both petitions by a common Judgment and Order.
The petitioner was engaged in manufacture and supply of passenger cars, parts, components and engines and also exported goods without payment of IGST under LUT in terms of Section 16 of the Integrated Goods and Services Tax Act, 2017. Before GST, the petitioner was registered under the Central Excise Act, 1944 and had availed CENVAT Credit under the Central Value Added Tax Credit Rules, 2004.
With effect from 1st July, 2017, the petitioner was entitled to carry forward CENVAT Credit of Rs.1,63,15,92,468/- into the GST regime in accordance with Section 140 of the Central Goods and Services Tax Act, 2017 read with Rule 117 of the Central Goods and Services Tax Rules, 2017, by filing Form GST TRAN-1. During July, 2017 to September, 2017, the petitioner availed and utilised ITC and also accumulated credit in connection with exports made without payment of IGST.
