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2023 (11) TMI 775 - GUJARAT HIGH COURTPermission to transfer the business and the Input Tax Credit lying un-utilized in its Electronic Credit Ledger - HELD THAT:- Essentially the case of the petitioner is that the show-cause notice is unwarranted inasmuch as but for the non-availability of Form ITC-02 under GST Portal, it was only possible for the petitioner to file the Form manually for transferring the Input Tax Credit to the transfaree and therefore the show-cause notice is misconceived. Having perused the show-cause notice dated 29.09.2023, the petitioner is directed to file a response to the show-cause notice within 2 weeks from the date of receipt of copy of this Court. As soon as the petitioner responds to the show-cause notice, the respondents are directed to consider the case of the petitioner in light of its own case which was decided by the Division Bench of Allahabad High Court in Writ Tax No. 859 of 2023 [2023 (8) TMI 46 - ALLAHABAD HIGH COURT]. Considering the identical issue where the Division Bench of the Allahabad High Court held the petitioner has been non suited on the ground that Form ITC-02 for transfer of input tax credit was not available on the GST Portal which was in nascent stage during the initial months after its implementation on 01.07.2017 and it was incumbent upon the petitioner to have raised a proper grievance on the GST portal help-desk and ought to have waited for the relevant Form to go live on the GST portal instead of making illegal adjustment by use of the Form GSTR-3B of the transferor and the transferee company and mere shortage of working capital cannot be an excuse to bypass the legal procedure laid down under the law. The respondents are directed to consider the case of the petitioner in light of the decision passed by the Allahabad High Court and pass an appropriate order in accordance with law especially considering the findings of the Allahabad High Court as to non-availability of the Form ITC-02 on online portal of GST - Petition is disposed of.
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