Monday, 23 April 2018

Delhi HC begins final hearing on transitional credit limitation challenge; Petitioners plead 'double taxation'

Delhi HC begins final hearing on the question of constitutionality of Section 140(3)(iv) of CGST Act which limits transitional credit on goods in stock, to a period of 1 year; As per the petitioners, since credit is not allowed of stock prior to June 30, 2016, the conditions stipulated under said section r/w Rule 117(4)(a)(iv) of CGST Rules are arbitrary, unreasonable and in violation of Articles 14 and 19(1)(g) of Constitution; Advocate Tarun Gulati explains to the Court how assessees having valid documents are placed at a disadvantage vis-a-vis those who do not have invoices and still get reduced credit on account of proviso to Section 140(3); HC lists the matter for further hearing on May 1. 

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