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2020 (3) TMI 1299 - Commissioner - GSTTransitional Input tax credit - inputs lying in their stock as on 30-6-2017, without having proper documents or not - HELD THAT:- The appellant has submitted copy of 58 VAT-invoices of M/s. TEXMO Industries in respect of ITC of ₹ 90,639/- availed by the appellant along with a certificate dated 17-1-2019 of excise duty paid by the principal manufacturer i.e. M/s. TEXMO Industries, Coimbatore. Whereas, Section 140(3)(iii) of the Act stipulates that the supplier should have in possession of prescribed documents evidencing payment of duty under the existing law (Central Excise Law) in respect of such inputs. I observe that the VAT invoices, submitted by the appellant, do not fulfil the conditions for being a valid document under Rule 9 of the Cenvat Credit Rules, 2004 or Rule 11 of the Central Excise Rules, 2002 (i.e. the existing law). The appellant has also paid reliance upon the decision of Hon’ble Gujarat High Court in the case of DOWNTOWN AUTO PVT. LTD. VERSUS UNION OF INDIA [2019 (2) TMI 542 - GUJARAT HIGH COURT] - It is found that the above decision is an interim judgment not a final decision. Hence it will not be justified to use the same as in favor/against of any party. The appellant was not in possession of prescribed documents evidencing payment of duty under the existing law for availing input tax credit of ₹ 90,639/-, as required under Section 140(3)(iii) of the Act - Appeal dismissed - decided against appellant.
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