Recently Delhi HC held Rule 117 (1A) of CGST Rules as arbitrary, vague, and unreasonable. It was further held that timeline prescribed in CGST Rules is not sacrosanct
Considering that no time limit is prescribed in CGST Act, Delhi HC held that transitional credit can be claimed up to 30.06.2020 (i.e. within 3 years from GST implementation)
Retrospective amendment in Section 140 is made to give power to Govt to prescribe timelines for filing GST TRAN 1
In particular, by amendment only power to prescribed time limit has been given to Govt and timelines for filing GST TRAN 1 are still governed by CGST Rules
Decision of Delhi HC would still hold good and registered persons can still explore option to claim transitional credit till 30.06.2020
Read the Complete Article by Adv. Yuvraj Singh (Associate at ALA Legal Associates) at:
https://gst.taxmann.com/fileopennew.aspx?id=105010000000017820&mode=home&page=
GST Law India is a blog on GST and allied commercial laws managed by members of the law firm ALA Legal.