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2019 (7) TMI 1395 - HC - VAT and Sales TaxAdjustment of Input Tax Credit - outstanding declaration forms under CST Act as on 30.6.2017 (e.g. C forms) - Effect of migration to GST regime - Validity of clause 12.5(c) of Part IV of Form 205B prescribed by Notification No.(GHN-05) VAR- 2018(47)/TH dated 19.1.2018 - filing of final return in Form 205B without requirement of reduction of input tax credit under clause 12.5(c) of Part IV read with Annexure V of the said Form - whether clause 12.5(c) of Part IV of Form 205B is ultra vires the provisions of the Value Added Tax Act, 2003? HELD THAT:- the input tax credit shown in the monthly return in Form 201 for the months of April, May and June 2017 will be allowed against the admitted output tax in accordance with the monthly return in Form 201 and thereafter if any input tax credit remains, the same would be reduced in accordance with Annexure-V to Form 205B. - the brought-forward input tax credit as well as the input tax credit to be carried forward from 1.7.2017 onwards would be adjusted as per clause 12.5(c) of Part IV of Form 205B. - Rule 117 of the Gujarat Goods and Services Tax Rules read with Form GST TRAN-1 provides the mechanism for computing the input tax credit attributable to pending declaration forms. The grievance as sought to be redressed should not survive - this writ-application is disposed of without going into the issue as regards the legality and validity of clause 12.5(c) of Part IV of Form 205B prescribed by the Notification No.(GHN-05) VAR-2018(47)/TH dated 19.1.2018.
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