Transitional Credits: Whether retrospective amendment u/s 140 really nullifies Delhi HC Judgment of Brand Equity?

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 Co-Authored by Adv. Anubhav Gupta (Manager at ALA Legal Associates) and Adv. Yuvraj Singh (Associate at ALA Legal Associates) at:

https://gst.taxmann.com/fileopennew.aspx?id=105010000000017820&mode=home&page=

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