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2022 (8) TMI 1174 - HC - GSTTransitional credit (ITC) - CENVAT Credit - amendment effected to Section 140 of the Central Goods and services Tax Act, 2017, and the Karnataka Goods and Services Tax Act, 2017, by Section 128 of the Finance Act, 2020 - prospective effect or not - permission to Petitioner to file a revised form GST TRAN-1 either on the common portal or manually to claim the balance of transitional credit - submission of revised form GST TRAN-1 - extension of time limit for filing revised Form GST TRAN-1 - refund of CENVAT credit by way of cash or by way of credit in the Electronic Cash Ledger. HELD THAT:- The issue in controversy involved in the present petition is directly and squarely covered by the decision of the Hon’ble Division Bench this Court rendered in UNION OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, THROUGH ITS SECRETARY (REVENUE) VERSUS M/S ASAID PAINTS LIMITED [2021 (3) TMI 953 - KARNATAKA HIGH COURT] where it was held that insertion of sub-rule (1A) to Rule 117 with effect from 10.09.2018 was effected. Even thereafter, the sub-rule was amended not once, but thrice so as to extend the time from 31.03.2019 to 31.03.2020 and ultimately, it was extended to 31.08.2020. The last extension upto 31.08.2020 was in exercise of the powers conferred under Section 168A of the Act by insertion of Section 117(1A) of the Act by way of an amendment. This was on the recommendation of the GST Council whereby, earlier Notification No.35/2020-CT dated 03.04.2020 was amended. This was done by extending the time period granted upto 30.06.2020 by the Notification dated 03.04.2020 issued in the interregnum. Petitioner is permitted to file the revised TRAN-1 either mechanically or manually or physically within a period of two months from the date of receipt of a copy of this order - petition disposed off.
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