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2023 (2) TMI 1088 - HC - GSTAvailment/utilization of excess Tax Deducted at Source - whether the petitioner is entitled to migrate in its electronic credit ledger the credit of amount of Excess Tax Deducted at source under section 45 of the JVAT Act, 2005 amounting to Rs. 1,19,41,937/- available as on 30.06.2017 under section 140(1) of the JGST Act being a credit of the amount of the Value Added Tax’ which a registered person is entitled to migrate in its electronic credit ledger? HELD THAT:- The issue before this Court in W.P.(T) No. 2404/2020 [ [2023 (1) TMI 1023 - JHARKHAND HIGH COURT] ] was “Where the amount deducted towards TDS under section 44 of the Jharkhand Value Added Tax is a credit of the amount of Value Added Tax which a registered person is entitled to migrate in its electronic credit ledger” - This Court has interpreted the proviso to section 140(1) of the JGST Act and has held therein that the proviso restricts the migration of credit, if the credit pertains to transactions which were prohibited under section 17(5) of the JGST Act in which no input tax credit is available. Since the issue involved in this case is squarely covered by the judgment, the impugned order dated 30.07.2021 passed in revision and Demand Notice dated 31.07.2021 are quashed and set aside - Application allowed.
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