Claiming Transitional Credit – Validity of Brand Equity Judgement in light of amendment by Finance Act, 2020

Post the verdict of the Hon’ble Delhi High Court in the case of Brand Equity v. Union of India, retrospective effect to the amendment in Section 140 of the CGST Act was enforced. In view of the said amendment, apprehensions were raised by the industry as to whether the judgement in Brand Equity still holds good.

The Hon’ble Delhi High Court in the case of SKH Sheet Metals Component v. Union of India and Ors by ruling in in favour of the Petitioner held that the amendment by the Finance Act, 2020 in Section 140 of the CGST Act, has no effect on the ruling pronounced in the case Brand Equity v. Union of India

The article making analysis of the recent judgment, authored by Yuvraj Singh (Associate) and Co-authored by Anubhav Gupta (Manager) has been published by Tax Management of India. To read the complete artcile kindly follow the link https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=9279

GST Law India is a blog on GST and allied commercial laws managed by members of the law firm ALA Legal.

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